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 participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 23 contracts

Samples: Underwriting Agreement (GMF Floorplan Owner Revolving Trust), Underwriting Agreement (AFS SenSub Corp.), Afs Sensub Corp.

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Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the “Defaulted Securities”"DEFAULTED SECURITIES"), then the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 11 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Americredit Financial Services Inc, Americredit Financial Services Inc

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 10 contracts

Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2024-3), Trust Agreement (Exeter Automobile Receivables Trust 2023-2), Underwriting Agreement (Exeter Automobile Receivables Trust 2022-5)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 6 contracts

Samples: Underwriting Agreement (Americredit Automobile Receivable Trust 2005-D-A), Underwriting Agreement (Long Beach Acceptance Receivables Corp.), Underwriting Agreement (AFS SenSub Corp.)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date Time to purchase the Publicly Offered Notes which it is (or they are) obligated to purchase hereunder (the “Defaulted SecuritiesNotes”), then such of the non-defaulting 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 Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Underwriters you have not completed such arrangements within such 24-hour period, then:

Appears in 4 contracts

Samples: Underwriting Agreement (HSBC Auto Receivables Corp), Underwriting Agreement (HSBC Auto Receivables Corp), Underwriting Agreement (HSBC Auto Receivables Corp)

Default by One or More of the Underwriters. If one or more ------------------------------------------ of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters Underwriter shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter have not completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Class A Notes shall fail at the Closing Date Time to purchase the Publicly Offered Notes which it is (or they are) obligated to purchase hereunder (the "Defaulted Securities”Notes"), then such of the non-defaulting 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 Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-2), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-2)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail fails at the Closing Date Time to purchase the Publicly Offered Notes which it is or they are obligated to purchase hereunder under this Agreement (the “Defaulted SecuritiesNotes”), then the non-defaulting Underwriters shall will have the right, within 24 hours thereafter, to make arrangements for one or more of such non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, ; provided however, the that if such non-defaulting Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/)

Default by One or More of the Underwriters. If one or ------------------------------------------ more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters Underwriter shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter have not completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering offer and sale of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2020-3), Underwriting Agreement (ACAR Leasing Ltd.)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is (or they are) obligated to purchase hereunder (the "Defaulted Securities”Notes"), then the non-defaulting 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 Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Insurance Agreement (Imc Home Equity Loan Owner Trust 1998-6), Insurance Agreement (Imc Home Equity Loan Owner Trust 1998-4)

Default by One or More of the Underwriters. If one or ------------------------------------------ more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then -------------------- the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is (or they are) obligated to purchase hereunder (the “Defaulted SecuritiesNotes”), then the non-defaulting 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 Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the non-defaulting Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Banccap Asset Securization Issuance Corp), Aames Mortgage Investment Trust 2006-1

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail fails at the Closing Date Time to purchase the Publicly Offered Notes which it is or they are obligated to purchase hereunder under this Agreement (the “Defaulted SecuritiesNotes”), then the non-defaulting Underwriters shall will have the right, within 24 hours thereafter, to make arrangements for one or more of such non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities Notes in such amounts as may be agreed upon and upon the terms herein set forth. If; provided, however, the that if such non-defaulting Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Series 1998-1 Notes shall fail at the Closing Date to purchase the Publicly Offered Series 1998-1 Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters Underwriter shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter have not completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Household Auto Receivables Corp), Underwriting Agreement (Household Automobile Revolving Trust I)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes Securities shall fail at the Closing Date to purchase the Publicly Offered Notes Securities which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters Underwriter shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter have not completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Americredit Financial Services Inc, Americredit Financial Services Inc

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Series 2003-2 Notes shall fail at the Closing Date to purchase the Publicly Offered Series 2003-2 Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters Underwriter(s) shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter(s) have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Household Automotive Trust 2003-2)

Default by One or More of the Underwriters. If one or more of ------------------------------------------ the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters Underwriter shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Americredit Financial Services Inc)

Default by One or More of the Underwriters. If one or ------------------------------------------ more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters Underwriter -------------------- shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Americredit Financial Services Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date Time to purchase the Publicly Offered Notes which it is (or they are) obligated to purchase hereunder (the "Defaulted Securities”Notes"), then such of the non-defaulting 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 Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Underwriters you have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (HSBC Auto Receivables Corp)

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Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes Certificates shall fail at the Closing Date to purchase the Publicly Offered Notes Certificates which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Long Beach Acceptance Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is (or they are) obligated to purchase hereunder (the "Defaulted Securities”Notes"), then the non-defaulting 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 Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the non-defaulting Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Aegis Asset Backed Securities Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Series 2003-1 Notes shall fail at the Closing Date to purchase the Publicly Offered Series 2003-1 Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters Underwriter(s) shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter(s) have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Household Auto Receivables Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Series 2005-3 Notes shall fail at the Closing Date to purchase the Publicly Offered Series 2005-3 Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters Underwriter(s) shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter(s) have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (HSBC Automotive Trust 2005-3)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Series 2005-1 Notes shall fail at the Closing Date to purchase the Publicly Offered Series 2005-1 Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters Underwriter(s) shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter(s) have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (HSBC Automotive Trust 2005-1)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the “Defaulted Securities”"DEFAULTED SECURITIES"), then the non-defaulting Underwriters Underwriter(s) shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter(s) have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Household Auto Receivables Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Underwritten Notes shall fail at the Closing Date to purchase the Publicly Offered Underwritten Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Americredit Financial Services Inc

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Series 2004-1 Notes shall fail at the Closing Date to purchase the Publicly Offered Series 2004-1 Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters Underwriter(s) shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter(s) have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Household Automotive Trust 2004-1)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Series 2005-2 Notes shall fail at the Closing Date to purchase the Publicly Offered Series 2005-2 Notes which it is obligated to purchase hereunder (the “Defaulted Securities”), then the non-defaulting Underwriters Underwriter(s) shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter(s) have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (HSBC Automotive Trust 2005-2)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Underwritten Notes shall fail at the Closing Date to purchase the Publicly Offered Underwritten Notes which it is (or they are) obligated to purchase hereunder (the "Defaulted Securities”Notes"), then the non-defaulting 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 Notes in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (New Century Mortgage Securities Inc)

Default by One or More of the Underwriters. If one or more ------------------------------------------ of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date to purchase the Publicly Offered Notes which it is obligated to purchase hereunder (the "Defaulted Securities"), then the non-defaulting Underwriters Underwriter -------------------- shall have the right, within 24 hours thereafter, to make arrangements 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 Underwriters Underwriter have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Americredit Financial Services Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Publicly Offered Notes shall fail at the Closing Date Time to purchase the Publicly Offered Notes which it is (or they are) obligated to purchase hereunder (the "Defaulted Securities”Certificates"), then such of the non-defaulting 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 Certificates in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Underwriters have not completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1)

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