Common use of Substitution of Underwriters Clause in Contracts

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any Closing Date the Shares agreed to be purchased on such Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any the Closing Date the Shares agreed to be purchased on such the Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such the Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any the Closing Date the Shares APS agreed to be purchased on such the Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares APS or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares APS in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such the Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any the APS Closing Date the Shares APS agreed to be purchased on such Closing Date date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares APS or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares APS in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this 24 25 Underwriting Agreement. If no such arrangements have been made within 36 hours after such Closing Datedate, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on as of any Closing Date Time the Shares agreed to be purchased on as of such Closing Date Time by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems Representatives deem advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after the date of such Closing DateTime, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on as of any Closing Date Time the Shares agreed to be purchased on as of such Closing Date Time by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative Representatives deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after the date of such Closing DateTime, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on as of any Closing Date Time the Shares agreed to be purchased on as of such Closing Date Time by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after the date of such Closing DateTime, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any the APS Closing Date the Shares APS agreed to be purchased on such Closing Date date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares APS or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares APS in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such Closing Datedate, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any Closing Date the Shares agreed to be purchased on such Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 24 hours after such Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any as of the Closing Date Time the Shares agreed to be purchased on such as of the Closing Date Time by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such the date of the Closing DateTime, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any Closing Date the Shares agreed to be purchased on such Closing Date by such Underwriter or UnderwritersUnderwriters and this Underwriting Agreement has not been terminated, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on as of any Closing Date Time the Shares agreed to be purchased on as of such Closing Date Time by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems Representatives deem advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after the date of such Closing DateTime, andand 17

Substitution of Underwriters. If one or more of the ---------------------------- Underwriters fails (other than for a reason sufficient to justify the cancellation or termination of this Underwriting AgreementAgreement under Section 10 hereof) to purchase on any Closing Date the Shares agreed to be purchased on such Closing Date by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, Representatives may deem advisable or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreementagreement. If no such arrangements have been made within 36 hours after by the close of business on the business day following such Closing Date, and:

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient at that time to justify the termination of this Underwriting Agreement) to purchase on as of any Closing Date Time the Shares agreed to be purchased on as of such Closing Date Time by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters underwriters, reasonably satisfactory to the Fund and the Investment Adviser, to purchase such Shares or make such other arrangements as the Managing Representative deems Representatives deem advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after the date of such Closing DateTime, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any the Closing Date the New Preferred Shares agreed to be purchased on such the Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such New Preferred Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such New Preferred Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such the Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters ---------------------------- fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any Closing Date the Shares agreed to be purchased on such Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any Closing Date the Shares agreed to be purchased on such Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails ---------------------------- shall fail or refuse (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any the Closing Date the Shares principal amount of Purchased Securities agreed to be purchased on such Closing Date by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares Purchased Securities or make such other arrangements as the Managing Representative deems Representatives may deem advisable, or one or more of the remaining Underwriters may agree to purchase such Shares Purchased Securities in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms herein set forth in this Underwriting Agreementforth. If no such arrangements have been made within 36 twenty-four hours after such the Closing Date, Date and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting AgreementAgreement in accordance with Section 7) to purchase on as of any Closing Date Time the Shares agreed to be purchased on as of such Closing Date Time by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems Representatives deem advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after the date of such Closing DateTime, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any the Closing Date the Shares APS agreed to be purchased on such the Closing Date by such Underwriter or Underwriters, the Managing Representative may find one or more substitute underwriters to purchase such Shares APS or make such other arrangements as the Managing Representative deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares APS in such proportions as may be approved by the Managing Representative, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 24 hours after such the Closing Date, and

Substitution of Underwriters. If one or more of the Underwriters fails or refuses (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on as of any Closing Date Time the Shares agreed to be purchased on as of such Closing Date Time by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative deems Representatives deem advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after the date of such Closing DateTime, and

Substitution of Underwriters. If one or more of the Underwriters fails (other than for a reason sufficient to justify the termination of this Underwriting Agreement) to purchase on any Closing Date the Shares agreed to be purchased on such Closing Date by such Underwriter or Underwriters, the Managing Representative Representatives may find one or more substitute underwriters to purchase such Shares or make such other arrangements as the Managing Representative Representatives deems advisable, or one or more of the remaining Underwriters may agree to purchase such Shares in such proportions as may be approved by the Managing RepresentativeRepresentatives, in each case upon the terms set forth in this Underwriting Agreement. If no such arrangements have been made within 36 hours after such Closing Date, and