Common use of Default of Purchasers Clause in Contracts

Default of Purchasers. If any Purchaser or Purchasers default in 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 Securities that the Purchasers are obligated to purchase on such Closing Date, the Representative may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasers, but if no such arrangements are made by such Closing Date, the non-defaulting Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers agreed but failed to purchase on such Closing Date. If any Purchaser or Purchasers so 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 such Closing Date and arrangements satisfactory to the 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 8. 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.

Appears in 2 contracts

Samples: Purchase Agreement (Chesapeake Energy Corp), Purchase Agreement (Chesapeake Energy Corp)

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Default of Purchasers. If any Purchaser or Purchasers default defaults in their its 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 Securities that the Purchasers are obligated to purchase on such Closing DateSecurities, the Representative Representatives may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the PurchasersPurchaser, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers Purchaser shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers Purchaser agreed but failed to purchase on such Closing Datepurchase. If any Purchaser or Purchasers so default 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 that the Purchasers are obligated to purchase on such Closing Date and arrangements satisfactory to the Representative 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 810. 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.

Appears in 2 contracts

Samples: Purchase Agreement (ITC Holdings Corp.), Purchase Agreement (ITC Holdings Corp.)

Default of Purchasers. If any Purchaser or Purchasers default in 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 Securities that the Purchasers are obligated to purchase on such the Closing Date, the Representative may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasers, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers agreed but failed to purchase on such the Closing Date. If any Purchaser or Purchasers so 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 such the Closing Date and arrangements satisfactory to the 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 89. 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.

Appears in 2 contracts

Samples: Purchase Agreement (Diamondback Energy, Inc.), Purchase Agreement (Diamondback Energy, Inc.)

Default of Purchasers. If any Purchaser or either of the Purchasers default defaults in their obligations its obligation 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 Securities that the Purchasers are obligated to purchase on such Closing DateSecurities, the Representative CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasersother Purchaser, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers Purchaser shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers Purchaser agreed but failed to purchase on such Closing Datepurchase. If any one Purchaser or Purchasers so default 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 that the Purchasers are obligated to purchase on such Closing Date and arrangements satisfactory to the Representative 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 89. 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.

Appears in 1 contract

Samples: Purchase Agreement (Terex Corp)

Default of Purchasers. If any Purchaser or Purchasers default defaults in their its 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 Securities that the Purchasers are obligated to purchase on such Closing DateSecurities, the Representative Lxxxxx may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the PurchasersPurchaser, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers Purchaser agreed but failed to purchase on such Closing Datepurchase. If any Purchaser or Purchasers so default 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 that the Purchasers are obligated to purchase on such Closing Date and arrangements satisfactory to the Representative Lxxxxx 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 810. 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.

Appears in 1 contract

Samples: Purchase Agreement (ITC Holdings Corp.)

Default of Purchasers. If any either Purchaser or Purchasers default defaults in their its obligations to purchase Offered Securities Certificates hereunder on the Closing Date and the aggregate principal amount of the Offered Securities Certificates that such defaulting Purchaser or Purchasers agreed but failed to purchase does not exceed 10% of the total principal amount of the Offered Securities that the Purchasers are obligated to purchase on such Closing DateCertificates, the Representative CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities Certificates by other persons, including any of the Purchasersother Purchaser, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers Purchaser shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities Certificates that such defaulting Purchasers Purchaser agreed but failed to purchase on such Closing Datepurchase. If any either Purchaser or Purchasers so default 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 that the Purchasers are obligated to purchase on such Closing Date Certificates and arrangements satisfactory to the Representative 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 89. 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.

Appears in 1 contract

Samples: Purchase Agreement (Continental Airlines Inc /De/)

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Default of Purchasers. If any Purchaser or Purchasers default in 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 Securities that the Purchasers are obligated to purchase on such the Closing Date, the Representative Representatives may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasers, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers agreed but failed to purchase on such the Closing Date. If any Purchaser or Purchasers so 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 such the Closing Date and arrangements satisfactory to the Representative 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 89. 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.

Appears in 1 contract

Samples: Purchase Agreement (Diamondback Energy, Inc.)

Default of Purchasers. If any Purchaser or either of the Purchasers default defaults in their obligations its obligation 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 Securities that the Purchasers are obligated to purchase on such Closing DateSecurities, the Representative CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasersother Purchaser, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers Purchaser shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers Purchaser agreed but failed to purchase on such Closing Datepurchase. If any one Purchaser or Purchasers so default 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 that the Purchasers are obligated to purchase on such Closing Date and arrangements satisfactory to the Representative 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 89. 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.

Appears in 1 contract

Samples: Purchase Agreement (Terex Corp)

Default of Purchasers. If any Purchaser or Purchasers default defaults in their its 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 Securities that the Purchasers are obligated to purchase on such Closing DateSecurities, the Representative non defaulting Purchaser may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasersnon defaulting Purchaser, but if no such arrangements are made by such the Closing Date, the non-defaulting Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers agreed but failed to purchase on such Closing Datepurchase. If any either Purchaser or Purchasers so default 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 that the Purchasers are obligated to purchase on such Closing Date and arrangements satisfactory to the Representative 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 810. 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.

Appears in 1 contract

Samples: Purchase Agreement (Ducommun Inc /De/)

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