Common use of Default by One or More of the Underwriters Clause in Contracts

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 48-hour period, then:

Appears in 9 contracts

Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)

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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which Shares that it or they are obligated to purchase under pursuant to this Agreement (the "Defaulted Securities"), the Representative you shall have the right, within 48 36 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 forthforth in this Agreement; if, however, the Representative shall you have not have completed such arrangements within such 4836-hour period, then:

Appears in 7 contracts

Samples: Underwriting Agreement (Gulf Island Fabrication Inc), Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Precision Auto Care Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which that it or they are obligated to purchase under pursuant to this Agreement (the “Defaulted Securities”), the Representative you shall have the right, within 48 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 forthforth in this Agreement; if, however, the Representative shall non-defaulting Underwriters have not have completed such arrangements within such 4824-hour period, then:

Appears in 7 contracts

Samples: Underwriting Agreement (Lowes Companies Inc), Underwriting Agreement (Lowes Companies Inc), Underwriting Agreement (Lowes Companies Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters any Underwriter ------------------------------------------ shall fail at the Closing Time to purchase the Securities which it or they are is obligated to purchase under this Agreement hereunder (the "Defaulted Securities"), the Representative shall have the right, but not the obligation, within 48 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 have not have completed such arrangements within such 4824-hour period, then:

Appears in 6 contracts

Samples: Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 48-24 hour period, then:

Appears in 6 contracts

Samples: Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Securities which it or they are is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, Underwriters or any one or more 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 4824-hour period, then:

Appears in 5 contracts

Samples: Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (Boston Private Financial Holdings Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 4 contracts

Samples: Underwriting Agreement (CBL & Associates Properties Inc), Realty Income Corp, Underwriting Agreement (Dial Corp /New/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 24 hours thereafter, to make arrangements for one or more of the non-defaulting 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 48-hour 24‑hour period, then:

Appears in 4 contracts

Samples: Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership)

Default by One or More of the Underwriters. If one or more of ------------------------------------------ the Underwriters shall fail at the Closing Time to purchase the Securities Notes which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 3 contracts

Samples: MGM Grand Inc, MGM Mirage, MGM Mirage

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which that it or they are obligated to purchase under pursuant to this Agreement (the “Defaulted Securities”), the Representative you shall have the right, within 48 36 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 forthforth in this Agreement; if, however, the Representative shall non-defaulting Underwriters have not have completed such arrangements within such 4836-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Nucor Corp), Underwriting Agreement (Nucor Corp), Underwriting Agreement (Nucor Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which Shares that it or they are obligated to purchase under pursuant to this Agreement (the "Defaulted Securities"), the Representative you shall have the right, within 48 36 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, 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 forthforth in this Agreement; if, however, the Representative shall you have not have completed such arrangements within such 4836-hour period, then:

Appears in 3 contracts

Samples: Mid America Apartment Communities Inc, Winston Hotels Inc, Mid America Apartment Communities Inc

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 48-24 hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.), Retail Opportunity (Retail Opportunity Investments Partnership, LP)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase subscribe from the Company the Securities which it or they are obligated to purchase subscribe for under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other Underwritersunderwriters, to purchase subscribe for 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 4824-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Prothena Corp PLC), Underwriting Agreement (Prothena Corp PLC), Underwriting Agreement (Prothena Corp PLC)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Offered Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), then the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 3 contracts

Samples: Terms Agreement (Pooled Auto Securities Shelf LLC), Terms Agreement (Ml Asset Backed Corp), Underwriting Agreement (Merrill Auto Trust Securitization 2007-1)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Trust Preferred Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 3 contracts

Samples: Purchase Agreement (Merrill Lynch Preferred Capital Trust Ii), Purchase Agreement (Ultramar Diamond Shamrock Corp), Merrill Lynch Preferred Capital Trust Iv

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (MGM Mirage), MGM Mirage

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date, to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (CNB Financial Corp/Pa), Underwriting Agreement (Triumph Bancorp, Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 36 hours thereafter, to make arrangements for one or more of the non-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 48-36- hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement, www.treasury.gov

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 48-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, period then:

Appears in 2 contracts

Samples: Kla Tencor Corp, Underwriting Agreement (Kla Tencor Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 48-hour 24hour period, then:

Appears in 2 contracts

Samples: Interstate Power and Light Company (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 4824-hour period, period then:

Appears in 2 contracts

Samples: Underwriting Agreement (Kla Corp), Kla Corp

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 2 contracts

Samples: MCN Energy Group Inc, Cytec Industries Inc/De/

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 have not have completed such arrangements within such 4824-hour period, then:

Appears in 2 contracts

Samples: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Inland Real Estate Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall have the right, within 48 36 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 4836-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (United Bancorp Inc /Mi/), Underwriting Agreement (United Bancorp Inc /Mi/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities Notes which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Chittenden Corp /Vt/), Underwriting Agreement (MGM Mirage)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 48-hour 24‑hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Kraft Heinz Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement hereunder (the “Defaulted Securities”), then the Representative shall have the right, within 48 36 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 4836-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Autozone Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Offered Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), then the Representative shall have the right, within 48 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 48-hour period, then:and

Appears in 1 contract

Samples: Terms Agreement (Ml Asset Backed Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Time, to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Triumph Bancorp, Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representative(s) shall have the right, within 48 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 48-hour period, then:the

Appears in 1 contract

Samples: Purchase Agreement (Orbital Sciences Corp /De/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Time, to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Triumph Bancorp, Inc.

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 36 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 4836-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Idenix Pharmaceuticals Inc)

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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Offered Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), then the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Auto Trust Securitization 2008-1)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”"DEFAULTED SECURITIES"), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Ing Groep Nv)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase from the Selling Shareholder the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Prothena Corp PLC)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Caterpillar Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 24 hours thereafter, to make arrangements for one or more of the non-defaulting 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 48-hour 24‑hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Wintrust Financial Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 48 36 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 4836-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (First Financial Bancorp /Oh/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Preferred Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Purchase Agreement (Mitsubishi Ufj Financial Group Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Lakeland Bancorp Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Preferred Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Purchase Agreement (Colonial Capital Trust Iv)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the any Closing Time Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 36 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 4836-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Sl Green Realty Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 4824-hour period, then:then:(1)

Appears in 1 contract

Samples: Underwriting Agreement (RedHill Biopharma Ltd.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time time of purchase to purchase the Trust Preferred Securities which that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: UBS Preferred Funding Trust VIII

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 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 48-hour period, then:terms

Appears in 1 contract

Samples: Physicians Realty L.P.

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities Notes which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (First Sierra Receivables Iii Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall have the right, within 48 36 hours thereafter, to make arrangements for one or more of the non-defaulting 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 48-hour 36‑hour period, then:

Appears in 1 contract

Samples: Execution (Southern First Bancshares Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Securities which that it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Laclede Group Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Securities which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representative(s) shall have the right, within 48 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 48-hour period, then:agreed

Appears in 1 contract

Samples: Imco Recycling Inc

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Preferred Securities which that it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: KCPL Financing Iii

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 24 hours thereafter, to make arrangements for one or more of the non-defaulting 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 48-hour 24‑hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted SecuritiesShares”), the Representative shall have the right, within 48 36 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 Shares 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 4836-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (United Community Banks Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Preferred Securities which that it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall have the right, within 48 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 4824-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Laclede Capital Trust I)

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