Common use of Notice of Inability to Use Automatic Shelf Registration Statement Form Clause in Contracts

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 5 contracts

Samples: Underwriting Agreement (Suburban Propane Partners Lp), Underwriting Agreement (Suburban Propane Partners Lp), Underwriting Agreement (Suburban Propane Partners Lp)

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Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, Period the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesBonds, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Bonds to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 4 contracts

Samples: Underwriting Agreement (Evergy Kansas Central, Inc.), Underwriting Agreement (Evergy Kansas Central, Inc.), Underwriting Agreement (Evergy Kansas Central, Inc.)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 4 contracts

Samples: Underwriting Agreement (Endurance Specialty Holdings LTD), Underwriting Agreement (Delhaize Group), Underwriting Agreement (Endurance Specialty Holdings LTD)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (DXC Technology Co), Underwriting Agreement (Endurance Specialty Holdings LTD), Underwriting Agreement (Scotts Miracle-Gro Co)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeUnderwriter, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeUnderwriter, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Underwriter of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (Aes Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeUnderwriters, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeUnderwriters, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Underwriters of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Intercontinental Exchange, Inc.), Underwriting Agreement (Intercontinental Exchange, Inc.), Underwriting Agreement (Intercontinental Exchange, Inc.)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their best its reasonable efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Bard C R Inc /Nj/), Underwriting Agreement (Bard C R Inc /Nj/), Underwriting Agreement (Bard C R Inc /Nj/)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form reasonably satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Flowserve Corp), Underwriting Agreement (Flowserve Corp), Underwriting Agreement (Flowserve Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their its reasonable best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Norfolk Southern Corp), Underwriting Agreement (Norfolk Southern Corp), Underwriting Agreement (Pmi Group Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-post- effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its reasonable best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Dell Inc), Underwriting Agreement (Dell Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-post effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-of post effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-post effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Equifax Inc), Underwriting Agreement (Equifax Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Davita Healthcare Partners Inc.), Underwriting Agreement (Davita Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its reasonable best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Ebay Inc), Underwriting Agreement (Ross Stores Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-post effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-post effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-post effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Tenneco Inc), Underwriting Agreement (Tenneco Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Regency Energy Partners LP), Underwriting Agreement (Regency Energy Partners LP)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, Period the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Great Plains Energy Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Stryker Corp), Underwriting Agreement (Stryker Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-post effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (EQT Corp), Underwriting Agreement (EQT Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, Period the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Great Plains Energy Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Davita Healthcare Partners Inc.), Underwriting Agreement (Davita Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases cease to be eligible to use the automatic shelf registration statement form, the Issuers will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Kraton Performance Polymers, Inc.)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-post effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Equitable Resources Inc /Pa/)

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Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during time, when the Prospectus Delivery PeriodNotes remain unsold by the Underwriter, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeUnderwriter, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeUnderwriter, (iii) use their its best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Underwriter of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Prologis)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, Period the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Senior Notes, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Senior Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Great Plains Energy Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their best its commercially reasonable efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Allied World Assurance Co Holdings LTD)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, Period the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Great Plains Energy Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their best its commercially reasonable efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Toro Co)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during when Securities remain unsold by the Prospectus Delivery Period, Underwriters the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Anthem, Inc.)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, either the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-post effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their best efforts to cause such registration statement or post-of post effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-post effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Watson Pharmaceuticals Inc)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Stryker Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective post‑effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective post‑effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective post‑effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Penske Automotive Group, Inc.)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.. ​

Appears in 1 contract

Samples: Underwriting Agreement (Penske Automotive Group, Inc.)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If If, at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the RepresentativeRepresentatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the RepresentativeRepresentatives, (iii) use their its best efforts to cause such registration statement or of post-effective amendment to be declared effective and (iv) promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Alliant Energy Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-post- effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Aes Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-effective post‑effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representative, (iii) use their its best efforts to cause such registration statement or post-effective post‑effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective post‑effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (United States Steel Corp)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) promptly notify the Representative, (ii) promptly file a new registration statement or post-post effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representative, (iii) use their its reasonable best efforts to cause such registration statement or post-post effective amendment to be declared effective and (iv) promptly notify the Representative of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-post effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Lender Processing Services, Inc.)

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, Period the Issuers receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Issuers Company will (i) i. promptly notify the RepresentativeRepresentatives, (ii) . promptly file a new registration statement or post-effective amendment on the proper form relating to the Senior Notes, in a form satisfactory to the RepresentativeRepresentatives, (iii) . use their its best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) . promptly notify the Representative Representatives of such effectiveness. The Issuers Company will take all other action necessary or appropriate to permit the public offering and sale of the Senior Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Issuers have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Great Plains Energy Inc)

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