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

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities which it has agreed to purchase under the Pricing Agreement relating to such Designated Securities, the Representatives in their discretion may arrange for themselves or another party or other parties to purchase such Designated Securities on the terms contained herein. If within 36 hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Securities, as the case may be, then the Company shall be entitled to a further period of 36 hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Securities on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it has so arranged for the purchase of such Designated Securities, the Representatives or the Company shall have the right to postpone the Time of Delivery for such Designated Securities for a period of not more than seven days, in order to effect whatever changes thereby may be made necessary in the Registration Statement, the General Disclosure Package or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus or the Prospectus that in the opinion of the Representatives thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated Securities.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities Shares which it has agreed to purchase under the Pricing Agreement relating to such Designated Securitieshereunder, the Representatives Representative may in their its discretion may arrange for themselves or another party or other parties to purchase such Designated Securities Shares on the terms contained herein. If within 36 thirty-six hours after such default by any Underwriter the Representatives do Representative does not arrange for the purchase of such Firm Securities or Optional Securities, as the case may beShares, then the Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other parties reasonably satisfactory to the Representatives Representative to purchase such Designated Securities Shares on such terms. In the event that, within the respective prescribed periodperiods, the Representatives notify Representative notifies the Company that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it Representative has so arranged for the purchase of such Designated SecuritiesShares, or the Company notifies the Representative that the Company has so arranged for the purchase of such Shares, the Representatives Representative or the Company shall have the right to postpone its purchase of the Time of Delivery for such Designated Securities Shares for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the Registration Statement, the General Time of Disclosure Package or the Prospectus as amended or supplementedFinal Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Time of Sale Disclosure Package or the Final Prospectus that which in the Representative’s opinion of the Representatives may thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing this Agreement with respect to such Designated SecuritiesShares.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Underwriters' Securities which it has agreed to purchase under the Pricing Agreement relating to such Designated Underwriters' Securities, the Representatives may in their discretion may arrange for themselves or another party or other parties to purchase such Designated Underwriters' Securities on the terms contained herein. If within 36 thirty-six hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Underwriters' Securities, as the case may be, then the Company Corporation shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Underwriters' Securities on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company Corporation that they have so arranged for the purchase of such Designated Underwriters' Securities, or the Company Corporation notifies the Representatives that it has so arranged for the purchase of such Designated Underwriters' Securities, the Representatives or the Company Corporation shall have the right to postpone the Time of Delivery for such Designated Underwriters' Securities for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the Registration Statement, the General Disclosure Package Statement or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company Corporation agrees to file promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Statement or the Prospectus that which in the opinion of the Representatives may thereby may be made necessary. The term “"Underwriter” " as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated Securities.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities which it has agreed to purchase under the Pricing Agreement relating to such Designated Securities, the Representatives in their discretion may arrange for themselves or another party or other parties to purchase such Designated Securities on the terms contained herein. If within 36 hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Securities, as the case may be, then the Company shall be entitled to a further period of 36 hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Securities on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it has so arranged for the purchase of such Designated Securities, the Representatives or the Company shall have the right to postpone the Time of Delivery for such Designated Securities for a period of not more than seven days, in order to effect whatever changes thereby may be made necessary in the Registration Statement, the General Disclosure Package Statement or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Statement or the Prospectus that in the opinion of the Representatives thereby may be made necessary. The term “"Underwriter” " as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated Securities.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities Shares which it has agreed to purchase under the Pricing Agreement relating to such Designated Securitieshereunder, the Representatives Representative may in their its discretion may arrange for themselves or another party or other parties to purchase such Designated Securities Shares on the terms contained herein. If within 36 thirty-six (36) hours after such default by any Underwriter the Representatives do Representative does not arrange for the purchase of such Firm Securities or Optional Securities, as the case may beShares, then the Company and the Selling Stockholders shall be entitled to a further period of 36 thirty-six (36) hours within which to procure another party or other parties reasonably satisfactory to the Representatives Representative to purchase such Designated Securities Shares on such terms. In the event that, within the respective prescribed periodperiods, the Representatives notify Representative notifies the Company and the Selling Stockholders that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it Representative has so arranged for the purchase of such Designated SecuritiesShares, the Representatives or the Company or the Selling Stockholders notifies the Representative that the Company has so arranged for the purchase of such Shares, the Representative or the Selling Stockholders shall have the right to postpone its purchase of the Time of Delivery for such Designated Securities Shares for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the Registration Statement, the General Time of Disclosure Package or the Prospectus as amended or supplementedProspectus, or in any other documents or arrangements, and the Company and the Selling Stockholders agree to file promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Time of Sale Disclosure Package or the Prospectus that which in the Representative’s opinion of the Representatives may thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing this Agreement with respect to such Designated SecuritiesShares.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities which it has agreed to purchase under the Pricing Agreement relating to such Designated Securities, the Representatives in their discretion may arrange for themselves or another party or other parties to purchase such Designated Securities on the terms contained herein. If within 36 hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Securities, as the case may be, then the Company shall be entitled to a further period of 36 hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Securities on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it has so arranged for the purchase of such Designated Securities, the Representatives or the Company shall have the right to postpone the Time of Delivery for such Designated Securities for a period of not more than seven days, in order to effect whatever changes thereby may be made necessary in the Registration Statement, the General Disclosure Package Statement or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Statement or the Prospectus that in the opinion of the Representatives thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated Securities."

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities Shares which it has agreed to purchase under the Pricing Agreement relating to such Designated Securitieshereunder, the Representatives Representative may in their its discretion may arrange for themselves or another party or other parties to purchase such Designated Securities Shares on the terms contained herein. If within 36 thirty-six (36) hours after such default by any Underwriter the Representatives do Representative does not arrange for the purchase of such Firm Securities or Optional Securities, as the case may beShares, then the Company shall be entitled to a further period of 36 thirty-six (36) hours within which to procure another party or other parties reasonably satisfactory to the Representatives Representative to purchase such Designated Securities Shares on such terms. In the event that, within the respective prescribed periodperiods, the Representatives notify Representative notifies the Company that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it Representative has so arranged for the purchase of such Designated SecuritiesShares, or the Company notifies the Representative that the Company has so arranged for the purchase of such Shares, the Representatives Representative or the Company shall have the right to postpone its purchase of the Time of Delivery for such Designated Securities Shares for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the Registration Statement, the General Time of Disclosure Package or the Prospectus as amended or supplementedFinal Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Time of Sale Disclosure Package or the Final Prospectus that which in the Representative’s opinion of the Representatives may thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing this Agreement with respect to such Designated SecuritiesShares.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities Shares which it has agreed to purchase under the Pricing Agreement relating to such Designated Securitieshereunder, the Representatives Representative may in their its discretion may arrange for themselves or another party or other parties to purchase such Designated Securities Shares on the terms contained herein. If within 36 thirty-six (36) hours after such default by any Underwriter the Representatives do Representative does not arrange for the purchase of such Firm Securities or Optional Securities, as the case may beShares, then the Company shall be entitled to a further period of 36 thirty-six (36) hours within which to procure another party or other parties reasonably satisfactory to the Representatives Representative to purchase such Designated Securities Shares on such terms. In the event that, within the respective prescribed periodperiods, the Representatives notify Representative notifies the Company that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it Representative has so arranged for the purchase of such Designated SecuritiesShares, the Representatives or the Company notifies the Representative that the Company has so arranged for the purchase of such Shares, the Representative shall have the right to postpone its purchase of the Time of Delivery for such Designated Securities Shares for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the Registration Statement, the General Time of Disclosure Package or the Prospectus as amended or supplementedFinal Prospectus, or in any other documents or arrangements, and the Company agree to file promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Time of Sale Disclosure Package or the Final Prospectus that which in the Representative’s opinion of the Representatives may thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 11 with like effect as if such person had originally been a party to the Pricing this Agreement with respect to such Designated SecuritiesShares.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities Shares which it has agreed to purchase under the Pricing Agreement relating to such Designated Securitieshereunder, the Representatives may in their discretion may arrange for themselves or another party or other parties to purchase such Designated Securities Shares on the terms contained herein. If within 36 thirty-six (36) hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Securities, as the case may beShares, then the Company and the Selling Stockholders shall be entitled to a further period of 36 thirty-six (36) hours within which to procure another party or other parties reasonably satisfactory to the Representatives to purchase such Designated Securities Shares on such terms. In the event that, within the respective prescribed periodperiods, the Representatives notify the Company that they the Representatives have so arranged for the purchase of such Designated SecuritiesShares, or the Company notifies the Representatives that it has the Company and the Selling Stockholders have so arranged for the purchase of such Designated SecuritiesShares, the Representatives or the Company shall have the right to postpone their purchase of the Time of Delivery for such Designated Securities Shares for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the S-3 Registration StatementStatements, the General S-8 Registration Statements, the Time of Disclosure Package or the Prospectus as amended or supplementedFinal Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly will file any amendments or supplements to the S-3 Registration StatementStatements, the Statutory Prospectus S-8 Registration Statements, the Time of Sale Disclosure Package or the Final Prospectus that which in the Representatives’ opinion of the Representatives may thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing this Agreement with respect to such Designated SecuritiesShares.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Underwriters' Securities which it has agreed to purchase under the Pricing Agreement relating to such Designated Under writers' Securities, the Representatives may in their discretion may arrange for themselves or another party or other parties to purchase such Designated Underwriters' Securities on the terms contained herein. If within 36 thirty-six hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Underwriters' Securities, as the case may be, then the Company Corporation shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Underwriters' Securities on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company Corporation that they have so arranged for the purchase of such Designated Underwriters' Securities, or the Company Corporation notifies the Representatives that it has so arranged for the purchase of such Designated Underwriters' Securities, the Representatives or the Company Corporation shall have the right to postpone the Time of Delivery for such Designated Underwriters' Securities for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the Registration Statement, the General Disclosure Package Statement or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company Corporation agrees to file promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Statement or the Prospectus that which in the opinion of the Representatives may thereby may be made necessary. The term “"Underwriter” " as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated Securities.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities Shares or Optional Securities Shares which it has agreed to purchase under the Pricing Agreement relating to such Designated SecuritiesShares, the Representatives in their discretion may arrange for themselves or another party or other parties to purchase such Designated Securities Shares on the terms contained herein. If within 36 hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities Shares or Optional SecuritiesShares, as the case may be, then the Company shall be entitled to a further period of 36 hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Securities Shares on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company that they have so arranged for the purchase of such Designated SecuritiesShares, or the Company notifies the Representatives that it has so arranged for the purchase of such Designated SecuritiesShares, the Representatives or the Company shall have the right to postpone the Time of Delivery for such Designated Securities Shares for a period of not more than seven days, in order to effect whatever changes thereby may be made necessary in the Registration Statement, the General Disclosure Package or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus or the Prospectus that in the opinion of the Representatives thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated SecuritiesShares.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Securities which it has agreed to purchase under the Pricing Agreement relating to such Designated Securities, the Representatives in their discretion may arrange for themselves or another party or other parties to purchase such Designated Securities on the terms contained herein. If within 36 hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Securities, as the case may be, then the Company shall be entitled to a further period of 36 hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Securities on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company that they have so arranged for the purchase of such Designated Securities, or the Company notifies the Representatives that it has so arranged for the purchase of such Designated Securities, the Representatives or the Company shall have the right to postpone the Time of Delivery for such Designated Securities for a period of not more than seven days, in order to effect whatever changes thereby may be made necessary in the Registration Statement, the General Disclosure Package Statutory Prospectus or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus or the Prospectus that in the opinion of the Representatives thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated Securities.

Default by One or More Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Firm Securities or Optional Underwriters' Securities which it has agreed to purchase under the Pricing Agreement relating to such Designated Under writers' Securities, the Representatives may in their discretion may arrange for themselves or another party or other parties to purchase such Designated Underwriters' Securities on the terms contained herein. If within 36 thirty-six hours after such default by any Underwriter the Representatives do not arrange for the purchase of such Firm Securities or Optional Underwriters' Securities, as the case may be, then the Company Corporation shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other parties satisfactory to the Representatives to purchase such Designated Underwriters' Securities on such terms. In the event that, within the respective prescribed period, the Representatives notify the Company Corporation that they have so arranged for the purchase of such Designated Underwriters' Securities, or the Company Corporation notifies the Representatives that it has so arranged for the purchase of such Designated Underwriters' Securities, the Representatives or the Company Corporation shall have the right to postpone the Time of Delivery for such Designated Underwriters' Securities for a period of not more than seven days, in order to effect whatever changes may thereby may be made necessary in the Registration Statement, the General Disclosure Package Statement or the Prospectus as amended or supplemented, or in any other documents or arrangements, and the Company Corporation agrees to file promptly will file any amendments or supplements to the Registration Statement, the Statutory Prospectus Statement or the Prospectus that in the opinion of the Representatives thereby may be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 8 with like effect as if such person had originally been a party to the Pricing Agreement with respect to such Designated Securities.Prospec-