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

Default by One or More Underwriters. If one or more of the Underwriters shall fail on the Closing Date or an Option Closing Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall use reasonable efforts, within 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 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 36-hour period, then:

Appears in 22 contracts

Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)

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Default by One or More Underwriters. If one or more of the Underwriters shall fail on the Closing Date or an Option Closing Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall use reasonable best efforts, within 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 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 36-hour period, then:

Appears in 10 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.)

Default by One or More Underwriters. If one or more of the Underwriters shall fail on the Closing Date or an Option Closing Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall use reasonable efforts, within 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 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 36-hour period, then:

Appears in 8 contracts

Samples: Underwriting Agreement (Gladstone Capital Corp), Underwriting Agreement (Saratoga Investment Corp.), Underwriting Agreement (FIDUS INVESTMENT Corp)

Default by One or More Underwriters. If one or more of the Underwriters shall fail on the at Closing Date or an Option Closing Date Time to purchase the Securities Shares which it or they are obligated to purchase under this Agreement (the “Defaulted SecuritiesShares”), the Representative Representatives shall use reasonable effortshave the right, within 36 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 Shares 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 3624-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Southwest Water Co), Underwriting Agreement (Southwest Water Co)

Default by One or More Underwriters. If one or more of the Underwriters shall fail on the at Closing Date or an Option Closing Date Time to purchase the Securities (other than for some reason to justify, in accordance with the provisions hereof, the cancellation or termination of its or their obligations hereunder) which it or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the Representative Representatives shall use reasonable effortshave the right, within 36 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 3624-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (WPS Resources Corp)

Default by One or More Underwriters. If one or more of the Underwriters shall fail on the Closing Date or an Option Closing Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall use reasonable best efforts, within 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 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 36-hour 36‑hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Great Elm Capital Corp.)

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Default by One or More Underwriters. If one or more of the Underwriters shall fail on at the Closing Date or an Option Closing a Date of Delivery, as the case may be, to purchase the Securities Shares which it or they are obligated to purchase under this Agreement on such Closing Date or Date of Delivery (the “Defaulted Securities”), the Representative shall use reasonable effortshave the right, within 36 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; forth; if, however, the Representative shall not have completed such arrangements within such 3624-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Coastal Financial Corp)

Default by One or More Underwriters. If one or more of the Underwriters shall fail on the Closing Date or an Option Closing Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative Representatives shall use reasonable efforts, within 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 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 36-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Gladstone Investment Corporation\de)

Default by One or More Underwriters. If one or more of the Underwriters shall fail on the Closing Date or an Option Closing Date Time to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall use commercially reasonable efforts, within 36 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 3624-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Stellus Capital Investment Corp)

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