Common use of Default of Purchasers Clause in Contracts

Default of Purchasers. If any Purchaser defaults in its obligations to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser agreed but failed to purchase does not exceed 10% of the total principal amount of Offered Securities, the Representatives may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any Purchaser, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser shall be obligated to purchase the Offered Securities that such defaulting Purchaser agreed but failed to purchase. If any Purchaser so defaults and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total principal amount of Offered Securities and arrangements satisfactory to the Representatives and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 10. As used in this Agreement, the term “Purchaser” includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

Default of Purchasers. If any Purchaser defaults or Purchasers default in its their obligations to purchase Offered Securities hereunder on the Closing Date and the aggregate principal amount of Offered Securities that such defaulting Purchaser or Purchasers agreed but failed to purchase does not exceed 10% of the total principal amount of Offered SecuritiesSecurities that the Purchasers are obligated to purchase on the Closing Date, the Representatives Representative may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any Purchaserof the Purchasers, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchaser Purchasers agreed but failed to purchasepurchase on the Closing Date. If any Purchaser or Purchasers so defaults default and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total principal amount of Offered Securities that the Purchasers are obligated to purchase on the Closing Date and arrangements satisfactory to the Representatives Credit Suisse and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser Purchaser, the Company or the Companyany Guarantor, except as provided in Section 10. As used in this Agreement, the term “Purchaser” includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

Default of Purchasers. If any Purchaser defaults or Purchasers default in its their obligations to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser or Purchasers agreed but failed to purchase does not exceed 10% of the total principal amount of Offered SecuritiesSecurities that the Purchasers are obligated to purchase on the Closing Date, the Representatives may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any Purchaserof the Purchasers, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchaser Purchasers agreed but failed to purchasepurchase on the Closing Date. If any Purchaser or Purchasers so defaults default and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total principal amount of Offered Securities that the Purchasers are obligated to purchase on the Closing Date and arrangements satisfactory to the Representatives and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 109. As used in this Agreement, the term “Purchaser” includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

Default of Purchasers. If any Purchaser defaults in its obligations to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser agreed but failed to purchase does not exceed 10% of the total principal amount of Offered Securities, the Representatives L▇▇▇▇▇ may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any Purchaser, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser Purchasers shall be obligated to purchase the Offered Securities that such defaulting Purchaser agreed but failed to purchase. If any Purchaser so defaults and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total principal amount of Offered Securities and arrangements satisfactory to the Representatives L▇▇▇▇▇ and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 10. As used in this Agreement, the term “Purchaser” includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

Default of Purchasers. If any Purchaser either of the Purchasers defaults in its obligations obligation to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser agreed but failed to purchase does not exceed 10% of the total principal amount of Offered Securities, the Representatives CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any the other Purchaser, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser shall be obligated to purchase the Offered Securities that such defaulting Purchaser agreed but failed to purchase. If any one Purchaser so defaults and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur occurs exceeds 10% of the total principal amount of Offered Securities and arrangements satisfactory to the Representatives CSFBC and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any the non-defaulting Purchaser or the Company, except as provided in Section 109. As used in this Agreement, the term “"Purchaser” " includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a the defaulting Purchaser from liability for its default.

Default of Purchasers. If any Purchaser defaults in its obligations to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser agreed but failed to purchase does not exceed 10% of the total principal amount of Offered Securities, the Representatives non defaulting Purchaser may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any the non defaulting Purchaser, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser Purchasers shall be obligated to purchase the Offered Securities that such defaulting Purchaser Purchasers agreed but failed to purchase. If any either Purchaser so defaults and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total principal amount of Offered Securities and arrangements satisfactory to the Representatives non defaulting Purchaser and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 10. As used in this Agreement, the term “Purchaser” includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

Default of Purchasers. If any either Purchaser defaults in its obligations to purchase Offered Securities Certificates hereunder and the aggregate principal amount of the Offered Securities Certificates that such defaulting Purchaser agreed but failed to purchase does not exceed 10% of the total principal amount of the Offered SecuritiesCertificates, the Representatives CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities Certificates by other persons, including any the other Purchaser, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser shall be obligated to purchase the Offered Securities Certificates that such defaulting Purchaser agreed but failed to purchase. If any either Purchaser so defaults and the aggregate principal amount of the Offered Securities Certificates with respect to which such default or defaults occur occurs exceeds 10% of the total principal amount of the Offered Securities Certificates and arrangements satisfactory to the Representatives CSFBC and the Company for the purchase of such Offered Securities Certificates by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 109. As used in this Agreement, the term “"Purchaser” " includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

Default of Purchasers. If any Purchaser defaults or Purchasers default in its their obligations to purchase Offered Securities hereunder on the Closing Date and the aggregate principal amount of Offered Securities that such defaulting Purchaser or Purchasers agreed but failed to purchase does not exceed 10% of the total aggregate principal amount of Offered SecuritiesSecurities that the Purchasers are obligated to purchase on the Closing Date, the Representatives Representative may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any Purchaserof the Purchasers, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchaser Purchasers agreed but failed to purchasepurchase on the Closing Date. If any Purchaser or Purchasers so defaults default and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total aggregate principal amount of Offered Securities that the Purchasers are obligated to purchase on the Closing Date and arrangements satisfactory to the Representatives Representative and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 10. As used in this Agreement, the term “Purchaser” includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

Default of Purchasers. If any Purchaser either of the Purchasers defaults in its obligations obligation to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser agreed but failed to purchase does not exceed 10% of the total principal amount of Offered Securities, the Representatives CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any the other Purchaser, but if no such arrangements are made by the Closing Date, the non-defaulting Purchaser shall be obligated to purchase the Offered Securities that such defaulting Purchaser agreed but failed to purchase. If any one Purchaser so defaults and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur occurs exceeds 10% of the total principal amount of Offered Securities and arrangements satisfactory to the Representatives CSFBC and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any the non-defaulting Purchaser or the Company, except as provided in Section 109. As used in this Agreement, the term “Purchaser” APurchaser@ includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a the defaulting Purchaser from liability for its default.