Common use of Failure to Purchase the Notes Clause in Contracts

Failure to Purchase the Notes. (a) If the purchase of the Notes is not consummated because the circumstances described in Section 6(f) have occurred, then the Depositors will not have any liability to the Underwriters with respect to the Notes except as provided in Section 5(i) and Section 7; but if for any other reason but subject to subsection (b) below, the Notes are not delivered to the Underwriters as provided in this Agreement, the Depositors will be liable to reimburse the Underwriters, through the Representatives, for all out-of-pocket expenses, including counsel fees and disbursements reasonably incurred by the Underwriters in making preparations for the offering of the Notes, but the Depositors will not then have any further liability to any Underwriter with respect to the Notes except as provided in Section 5(i) and Section 7.

Appears in 2 contracts

Samples: Underwriting Agreement (Ford Credit Floorplan Master Owner Trust a Series 2006-3), Underwriting Agreement (Ford Credit Floorplan Master Owner Trust a Series 2006-4)

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Failure to Purchase the Notes. (a) If the purchase of the Notes is not consummated because the circumstances described in Section 6(f) have occurred, then neither Ford Credit nor the Depositors will not have any liability to the Underwriters with respect to the Notes except as provided in Section 5(i5(h) and Section 7; but if for any other reason but subject to subsection (b) below, the Notes are not delivered to the Underwriters as provided in this Agreement, Ford Credit and the Depositors will be liable liable, jointly and severally, to reimburse the Underwriters, through the Representatives, for all out-of-pocket expenses, including counsel fees and disbursements reasonably incurred by the Underwriters in making preparations for the offering of the Notes, but neither Ford Credit nor the Depositors will not then have any further liability to any Underwriter with respect to the Notes except as provided in Section 5(i5(h) and Section 7.

Appears in 1 contract

Samples: Underwriting Agreement (Ford Credit Floorplan Master Owner Trust a Series 2009-2)

Failure to Purchase the Notes. (a) If the purchase of the Notes is are not be consummated because the circumstances described in Section 6(f6(e) have occurred, then the Depositors Depositor[s] will not have any liability to the Underwriters with respect to the Notes except as provided in Section 5(i) and Section 7; but if for any other reason but subject to subsection (b) below, the Notes are not delivered to the Underwriters as provided in this Agreement, the Depositors Depositor[s] will be liable to reimburse the Underwriters, through the Representatives, for all out-of-pocket expenses, including counsel fees and disbursements reasonably incurred by the Underwriters in making preparations for the offering of the Notes, but the Depositors Depositor[s] will not then have any further liability to any Underwriter with respect to the Notes except as provided in Section 5(i) and Section 7.

Appears in 1 contract

Samples: Underwriting Agreement (Ford Credit Floorplan LLC)

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Failure to Purchase the Notes. (a) If the purchase of the Notes is are not be consummated because the circumstances described in Section 6(f) have occurred, then the Depositors Depositor[s] will not have any liability to the Underwriters with respect to the Notes except as provided in Section 5(i5(h) and Section 7; but if for any other reason but subject to subsection (b) below, the Notes are not delivered to the Underwriters as provided in this Agreement, the Depositors Depositor[s] will be liable to reimburse the Underwriters, through the Representatives, for all out-of-pocket expenses, including counsel fees and disbursements reasonably incurred by the Underwriters in making preparations for the offering of the Notes, but the Depositors Depositor[s] will not then have any further liability to any Underwriter with respect to the Notes except as provided in Section 5(i5(h) and Section 7.

Appears in 1 contract

Samples: Underwriting Agreement (Ford Credit Floorplan LLC)

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