Common use of Default by the Underwriter Clause in Contracts

Default by the Underwriter. (a) If any Underwriter shall default in its obligation to purchase the Notes which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Notes, then the Seller shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes on such terms. In the event that, within the respective prescribed periods, you notify the Seller that you have so arranged for the purchase of such Notes, or the Seller notifies you that it has so arranged for the purchase of such Notes, you or the Seller shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Seller agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such Notes.

Appears in 1 contract

Samples: Note Underwriting Agreement (Key Bank Usa National Association)

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Default by the Underwriter. (a) If any the Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunderunder this Agreement, you the Underwriter may in your its discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any the Underwriter you do the Underwriter does not arrange for the purchase of such NotesSecurities, then the Seller Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Seller that you have so arranged for Underwriter notifies the purchase of such Notes, or the Seller notifies you Company that it has so arranged for the purchase of such NotesSecurities, you or the Seller Company notifies the Underwriter that it has so arranged for the purchase of such Securities, the Underwriter or the Company shall have the right to postpone the Closing Date Time for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Seller Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus which in your the opinion of the Underwriter may thereby be made necessary. The term "Underwriter" as used in this the Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesAgreement.

Appears in 1 contract

Samples: Underwriting Agreement (Vornado Realty Trust)

Default by the Underwriter. (a) If any Underwriter shall default in its obligation to purchase the Notes Certificates which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Certificates on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesCertificates, then the Seller shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Certificates on such terms. In the event that, within the respective prescribed periods, you notify the Seller that you have so arranged for the purchase of such NotesCertificates, or the Seller notifies you that it has so arranged for the purchase of such NotesCertificates, you or the Seller shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Seller agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesCertificates.

Appears in 1 contract

Samples: Underwriting Agreement (Key Bank Usa National Association)

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Default by the Underwriter. (a) If any the Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any the Underwriter you do not arrange for the purchase of such NotesSecurities, then the Seller Issuers shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Seller Issuers. that you have so arranged for the purchase of such NotesSecurities, or the Seller notifies Issuers notify you that it has they have so arranged for the purchase of such NotesSecurities, you or the Seller Issuers shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or Statement, the Time of Sale Information, the Prospectus, or in any other documents or arrangements, and the Seller agrees Issuers agree to file prepare promptly any amendments to the Registration Statement Statement, the Time of Sale Information or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any person substituted under this Section 10 with like effect as if such person had originally been a party to this Agreement with respect to such Notes.Securities; and

Appears in 1 contract

Samples: Underwriting Agreement (Cco Holdings LLC)

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