Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 6 contracts
Samples: Georgia Power Co, Georgia Power Co, Alabama Power Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 6 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Purchase Agreement (Atmos Energy Corp), Eop Operating LTD Partnership
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 5 contracts
Samples: Bank of America Corp /De/, Nb Capital Trust Iv, Nb Capital Trust V
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that Notes which it or they are obligated to purchase under this Underwriting Agreement (the "“Defaulted Securities"”), then the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 5 contracts
Samples: Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersunderwriter, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 5 contracts
Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 5 contracts
Samples: Wisconsin Power and Light Company (Wisconsin Power & Light Co), Purchase Agreement (Price Development Co Lp), Purchase Agreement (Independence Community Bank Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Initial Securities that it or they are obligated to purchase under pursuant to this Agreement (the "Defaulted Securities"), the Representative you shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forthforth in this Agreement; if, however, the Representative shall you have not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Republic Bancshares Inc), Underwriting Agreement (Bankatlantic Bancorp Inc), BBC Capital Trust I
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities Senior Notes that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Georgia Power Co, Alabama Power Co, Alabama Power Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less fewer than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 2 contracts
Samples: Purchase Agreement (Prestige Brands Holdings, Inc.), Valor Communications Group Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 2 contracts
Samples: Bank of America Corp /De/, Bank of America Corp /De/
Default by One or More of the Underwriters. If one or more ------------------------------------------ of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Purchase Agreement (Utstarcom Inc), Purchase Agreement (Utstarcom Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time [or at the Option Closing Time, as the case may be,] to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Bank of America Corp /De/), Underwriting Agreement (Bac Capital Trust Xii)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the or refuse at Closing Time or at a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (R&g Financial Corp), Underwriting Agreement (R&g Financial Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Brunswick Corp), Brunswick Corp
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (James River Group, INC), Underwriting Agreement (James River Group, INC)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if. If, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Purchase Agreement (Interactive Intelligence Inc), Purchase Agreement (American Axle & Manufacturing Holdings Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters an Underwriter shall fail on the Closing Date to purchase the Preferred Securities Senior Notes that it or they are is obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if. If, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Mississippi Power Co, Mississippi Power Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Time or a Date of Delivery to purchase the Preferred Offered Securities that which it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Biophytis SA), Tetra Technologies Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Trust Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Ubs Preferred Funding Trust Iii), Purchase Agreement (Enron Preferred Funding Ii L P)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Offered Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Metris Receivables Inc, Metris Receivables Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Initial Securities that which it or they are obligated to purchase under this Agreement and the Pricing Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within with such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Cole National Corp /De/), Underwriting Agreement (American Architectural Products Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities Senior Notes that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Savannah Electric & Power Co)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Capital Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this the Pricing Agreement (the "Defaulted Securities"“DEFAULTED SECURITIES”), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that Notes which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (American Express Issuance Trust)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities Notes that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if. If, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Southern Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Wellpoint Health Networks Inc /De/)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Debt Securities that which it or they are obligated to purchase under this Underwriting Agreement (the "“Defaulted Securities"”), then the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-non defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time [or at the Option Closing Time, as the case may be,] to purchase all or part of the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-non defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities Senior Notes that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if. If, however, the Representative Represenative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Georgia Power Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Wellpoint Health Networks Inc /Ca/)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase all or part of the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make 29 arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 1 contract
Samples: Bank of America Corp /De/
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Underwritten Securities that which it or they are obligated to purchase under this Underwriting Agreement (the "Defaulted Securities"), then the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Synovus Financial Corp
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time or at the Option Closing Time, as the case may be, to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:: 27 <PAGE>
Appears in 1 contract
Samples: Bank of America Corp /De/
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Bank of America Corp /De/
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase all or part of the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-non defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 1 contract
Samples: Bank of America Corp /De/
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that Certificates which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time, to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that Senior Notes which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities Junior Subordinated Notes that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Gulf Power Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that Offered Certificates which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Metris Receivables Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date or an Option Closing Date to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting non‑defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (MGM Mirage)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersunderwriter, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-24- hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Nv Energy, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Capital Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on participating in an offering of Debt Securities fails at the applicable Closing Date to purchase the Preferred Debt Securities that which it or they are obligated to purchase under this the applicable Terms Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), then the Representative shall will have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall has not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Ecolab Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Trust Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such liquidation amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Teco Energy Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this the Pricing Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting non‑defaulting Underwriters, or any other underwriters, to purchase all, but not less fewer than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that Notes which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such principal amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Tampa Electric Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that Certificates which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time or at the Option Closing Time, as the case may be, to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Underwriting Agreement (the "Defaulted Securities"), then the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Viacom Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time or at the Option Closing Time, as the case may be, to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 1 contract
Samples: Bank of America Corp /De/
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on or refuse at the Closing Date to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (IMV Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters participating in an offering of Securities shall fail on at the applicable Closing Date Time to purchase the Preferred Underwritten Securities that which it or they are obligated to purchase under this the applicable Terms Agreement (the "Defaulted Securities"), then the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, if however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Snap on Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Trust Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Ubs Preferred Funding Trust Iv
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative -26- Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at Closing Time or at the Option Closing Date Time, as the case may be, to purchase the Preferred Capital Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Bank of America Corp /De/
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that Notes which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such principal amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date or an Option Closing Date to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, all of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail on at the Closing Time or a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (TriState Capital Holdings, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities Notes that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Southern Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Trust Preferred Securities that which it or they are obligated to purchase under this Agreement (any such Underwriter, the "Defaulted Securities"“Defaulting Underwriter”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Trust Preferred Securities failed to be purchased in such amounts as may be agreed upon and upon the terms herein set forth; , if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Deutsche Bank Contingent Capital LLC II)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Trust Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-24- hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-non- defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if. If, however, the Representative shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred [Initial] Securities that it or they are obligated to purchase under this Agreement and the Pricing Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Noram Energy Corp
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Savannah Electric & Power Co)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on participating in an offering of Debt Securities fails at the applicable Closing Date to purchase the Preferred Underwritten Securities that which it or they are obligated to purchase under this the applicable Terms Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), then the Representative shall will have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall has not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Ecolab Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Designated Securities that which it or they are obligated to purchase under this the applicable Underwriting Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), then the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representative(s) shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representative(s) shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Exhibit 1 (Circus Finance Ii)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Offered Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that it or they are obligated to purchase under this Agreement hereunder (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other substitute underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon approved by the Representatives and upon the terms herein set forth; if, however, the Representative shall Representatives have not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the Closing Date to purchase the Preferred Securities that Notes which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (A.I. Receivables Transfer Corp.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date to purchase the Preferred Securities that Class A Certificates which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Toyota Lease Trust
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting nondefaulting Underwriters, or any other underwritersUnderwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Initial Securities that which it or they are obligated to purchase under this Agreement and the Pricing Agreement (the "Defaulted Securities"), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within with such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative other Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative such arrangements shall not have been completed such arrangements within such 24-hour period, ; then:
Appears in 1 contract
Samples: Purchase Agreement (Franchise Finance Corp of America)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that it or they are obligated to purchase under pursuant to this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forthforth in this Agreement; if, however, the Representative shall Representatives have not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Frontier Insurance Group Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for -27- one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), then the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Pooled Auto Securities Shelf LLC
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date or an Option Closing Date to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement on such date (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (NUCRYST Pharmaceuticals Corp.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on the at Closing Date Time to purchase the Preferred Securities that which it or they are obligated to purchase under this Agreement (the "“Defaulted Securities"”), the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Preferred Securities that Certificates which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), then the Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Pooled Auto Securities Shelf LLC
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail on at the Closing Date Time to purchase the Trust Preferred Securities that which it or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the Representative Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Ubs Preferred Funding Co LLC I
