Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, the Registration Statement has been declared effective, at 10:00 A.M. eastern time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 11, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereof.
Appears in 4 contracts
Samples: Office Centre Corp, Republic Bancorp Inc /Ky/, Motor Cargo Industries Inc
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 8 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time a.m., on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern time a.m. on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Datawave Systems Inc), Underwriting Agreement (SCP Pool Corp)
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 9:00 A.M. eastern time prevailing Eastern time, on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, the Registration Statement has been declared effective, at 10:00 9:00 A.M. eastern prevailing Eastern time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 11, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative Representatives of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Windrose Medical Properties Trust), Computer Programs & Systems Inc
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, the Registration Statement has been declared effective, at 10:00 A.M. eastern time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative Representatives of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 Sections 5(i) and 10(d) hereof.
Appears in 2 contracts
Samples: Vidatron Entertainment Group Inc, Peace Arch Entertainment Group Inc
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 8 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern 9:30 a.m. New York, New York time on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern 9:30 a.m. New York, New York time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company and the Selling Stockholders or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereofhereof and except that the provisions of Section 8 shall remain in effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Superior Energy Services Inc)
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 4 and 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time a.m., on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern time a.m. on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 118, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 4 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (United Investors Realty Trust)
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, the Registration Statement has been declared effective, at 10:00 A.M. eastern time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative Representatives of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 5(i) hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Keystone Automotive Industries Inc)
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 8 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern 9:30 a.m. New York, New York time on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern 9:30 a.m. New York, New York time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company and the Selling Shareholders or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representatives of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereofhereof and except that the provisions of Section 8 shall remain in effect.
Appears in 1 contract
Samples: Underwriting Agreement (Gulf Island Fabrication Inc)
Effective Date of Agreement and Termination. (a) A. This Agreement shall become effective immediately as to Sections 6 and 9 8 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time a.m., on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern time a.m. on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereof.
Appears in 1 contract
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 4 and 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time a.m., on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern time a.m. on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 118, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 4 hereof.
Appears in 1 contract
Samples: Jameson Inns Inc
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, the Registration Statement has been declared effective, at 10:00 A.M. eastern time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 11, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative of the several Underwriters, the Company or the CompanySelling Shareholders, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the and the Selling Shareholders Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereof.
Appears in 1 contract
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 4 and 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time a.m., on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern time a.m. on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay its costs and expenses to the extent provided in Section 6 hereof.
Appears in 1 contract
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 5 and 9 8 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time 9:00 A.M., prevailing Eastern time, on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, the Registration Statement has been declared effective, at 10:00 A.M. eastern time 9:00 A.M., prevailing Eastern time, on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 1110, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 5 hereof.
Appears in 1 contract
Samples: Cintra Select Fund Inc
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 4 and 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time a.m. New York, New York time, on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern a.m. New York, New York time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 118, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 4 hereof.
Appears in 1 contract
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, the Registration Statement has been declared effective, at 10:00 A.M. eastern time on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 11, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative Representatives of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 6 6(i) hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Keystone Automotive Industries Inc)
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 4 and 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement the Registration Statement has not become effective, at 10:00 A.M. eastern time a.m. on the first full business day following the effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement, Agreement the Registration Statement has been declared effective, at 10:00 A.M. eastern time a.m. on the first full business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective as you may determine on and by notice to the Company or by release of any of the Shares for sale to the public. For the purposes of this Section 118, the Shares shall be deemed to have been so released upon the release for of publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur first. By giving notice before the time this Agreement becomes effective, you, as the Representative representative of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, without liability of any party to any other party, except that the Company shall remain obligated to pay costs and expenses to the extent provided in Section 4 hereof and except that the provisions of Section 6 hereofshall remain in effect.
Appears in 1 contract
Samples: Underwriting Agreement (Gulf Island Fabrication Inc)
Effective Date of Agreement and Termination. (a) This Agreement shall become effective immediately as to Sections 6 and 9 and, as to all other provisions, (i) if at the time of execution of this Agreement If the Registration Statement has not been declared effective prior to the date of this Agreement, this Agreement will become effectiveeffective at such time, at 10:00 A.M. eastern time on the first full business day following after notification of the effectiveness of the Registration StatementStatement has been released by the Commission, or (ii) if at as you, the time Company and the Selling Shareholders will agree upon the public offering price and the purchase price of execution the Shares. If the public offering price and the purchase price of this Agreementthe Shares has not been determined prior to 5:00 p.m., New York time, on the fifth full business day after the Registration Statement has been declared become effective, at 10:00 A.M. eastern time this Agreement shall thereupon terminate without liability on the first full business day following part of the date of execution Company or the Selling Shareholders to the Underwriters (except as provided in Section 6 or Section 9 of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after ) or the Registration Statement becomes effective as you may determine on and by notice Underwriters to the Company or by release of any of the Shares for sale to the public. For the purposes Selling Shareholders (except as set forth in Section 9 of this Section 11, the Shares shall be deemed to have been so released upon the release for publication of any newspaper advertisement relating to the Shares or upon the release by you of telegrams or facsimile messages (i) advising the Underwriters that the Shares are released for public offering, or (ii) offering the Shares for sale to securities dealers, whichever may occur firstAgreement). By giving notice before the time this Agreement becomes effective, you, as the Representative Representatives of the several Underwriters, or the Company, may prevent this Agreement from becoming effective, effective without liability of any party to any the other party, except that the Company and the Selling Shareholders shall remain obligated to pay costs and expenses to the extent provided in Section 6 hereofand Section 9 of this Agreement. If the Registration Statement has been declared effective prior to the date of this Agreement, this Agreement will become effective upon execution and delivery by you, the Company and the Selling Shareholders.
Appears in 1 contract