Common use of Termination of the Obligations of the Underwriters Clause in Contracts

Termination of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Notes on the Delivery Date shall be terminable by the Underwriters by written notice delivered to the Transferor if at any time on or prior to the Delivery Date (i) trading in securities generally on the New York Stock Exchange shall have been suspended or materially limited, or there shall have been any setting of minimum prices for trading on such exchange or any suspension of trading of the securities of Circuit City on any exchange or in the over-the-counter market, (ii) a general moratorium on commercial banking activities in New York or Georgia shall have been declared by any of Federal, New York or Georgia authorities, (iii) there shall have occurred any material outbreak or escalation of hostilities or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it, in your reasonable judgment as representatives of the Underwriters, impracticable to market the Notes or to settle transactions in the Notes on the terms and in the manner contemplated in the Prospectus, (iv) the rating of another Series of Notes shall have been reduced or withdrawn or (v) any change or any development involving a prospective change, materially and adversely affecting (A) the Trust Property taken as whole or (B) the business or properties of the Transferor, FNANB or Circuit City occurs, which, in your reasonable judgment as representatives of the Underwriters, in the case of either (A) or (B), makes it impracticable to market the Notes on the terms and in the manner contemplated in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Fnanb Credit Card Master Trust)

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Termination of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Notes Certificates on the Delivery Date shall be terminable by the Underwriters by written notice delivered to the Transferor if (a) at any time on or prior to the Delivery Date (i) trading in securities generally on the New York Stock Exchange shall have been suspended or materially limited, or there shall have been any setting of minimum prices for trading on such exchange or any suspension of trading of the securities of Circuit City on any exchange or in the over-the-counter marketexchange, (ii) a general moratorium on commercial banking activities in New York or Georgia shall have been declared by any of Federal, either Federal or New York or Georgia State authorities, (iii) there shall have occurred any material outbreak or escalation of hostilities or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it, in your reasonable judgment as representatives representative of the Underwriters, impracticable to consummate the transactions contemplated herein or is such as would materially and adversely affect the marketability of or the market price for the Notes Certificates or to settle transactions in the Notes on the terms and in the manner contemplated in the Prospectus, (iv) the rating of another Series of Notes shall have been reduced or withdrawn or (v) any change or any development involving a prospective change, materially and adversely affecting (A) the Trust Property Fund taken as a whole or (B) the business or properties of the Transferor, FNANB or Circuit City Depositor occurs, which, in your reasonable judgment as representatives representative of the Underwriters, in the case of either clause (A) or (B), makes it impracticable to market materially impairs the Notes on investment quality of the terms and Certificates or (b) any representation or warranty of another party shall be incorrect in the manner contemplated in the Prospectusany material respect.

Appears in 1 contract

Samples: Underwriting Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Termination of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Notes [Certificates] [Notes] on the Delivery Date shall be terminable by the Underwriters by written notice delivered to the Transferor if (a) at any time on or prior to the Delivery Date (i) trading in securities generally on the New York Stock Exchange shall have been suspended or materially limited, or there shall have been any setting of minimum prices for trading on such exchange or any suspension of trading of the securities of Circuit City on any exchange or in the over-the-counter marketexchange, (ii) a general moratorium on commercial banking activities in New York or Georgia shall have been declared by any of Federal, either Federal or New York or Georgia State authorities, (iii) there shall have occurred any material outbreak or escalation of hostilities or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it, in your reasonable judgment as representatives representative of the Underwriters, impracticable to consummate the transactions contemplated herein or is such as would materially and adversely affect the marketability of or the market price for the Notes [Certificates] [Notes] or to settle transactions in the Notes on the terms and in the manner contemplated in the Prospectus, (iv) the rating of another Series of Notes shall have been reduced or withdrawn or (v) any change or any development involving a prospective change, materially and adversely affecting (A) the Trust Property Fund taken as a whole or (B) the business or properties of the Transferor, FNANB or Circuit City Depositor occurs, which, in your reasonable judgment as representatives representative of the Underwriters, in the case of either clause (A) or (B), makes it impracticable to market materially impairs the Notes on investment quality of the terms and [Certificates] [Notes] or (b) any representation or warranty of another party shall be incorrect in the manner contemplated in the Prospectusany material respect.

Appears in 1 contract

Samples: Underwriting Agreement (Terwin Securitization LLC)

Termination of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Notes Certificates of a given Series on the related Delivery Date shall be terminable by the Underwriters by written notice delivered to the Transferor if (a) at any time on or prior to the Delivery Date (i) trading in securities generally on the New York Stock Exchange shall have been suspended or materially limited, or there shall have been any setting of minimum prices for trading on such exchange or any suspension of trading of the securities of Circuit City on any exchange or in the over-the-counter marketexchange, (ii) a general moratorium on commercial banking activities in New York or Georgia shall have been declared by any of Federal, either Federal or New York or Georgia State authorities, (iii) there shall have occurred any material outbreak or escalation of hostilities or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it, in your reasonable judgment as representatives representative of the Underwriters, impracticable to consummate the transactions contemplated herein or is such as would materially and adversely affect the marketability of or the market price for the Notes Certificates or to settle transactions in the Notes on the terms and in the manner contemplated in the Prospectus, (iv) the rating of another Series of Notes shall have been reduced or withdrawn or (v) any change or any development involving a prospective change, materially and adversely affecting (A) the Trust Property Fund taken as a whole or (B) the business or properties of the Transferor, FNANB or Circuit City Depositor occurs, which, in your reasonable judgment as representatives representative of the Underwriters, in the case of either clause (A) or (B), makes it impracticable to market materially impairs the Notes on investment quality of the terms and Certificates or (b) any representation or warranty of another party shall be incorrect in the manner contemplated in the Prospectusany material respect.

Appears in 1 contract

Samples: Underwriting Agreement (Credit Suisse First Boston Mortgage Securities Corp)

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Termination of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Notes on the related Specified Delivery Date the Certificates described in the related Terms Agreement shall be terminable by the such Underwriters by written notice delivered to the Transferor if (a) at any time on or prior to the such Specified Delivery Date (i) trading in securities generally on the New York Stock Exchange shall have been suspended or materially limited, or there shall have been any setting of minimum prices for trading on such exchange or any suspension of trading of the securities of Circuit City on any exchange or in the over-the-counter marketexchange, (ii) a general moratorium on commercial banking activities in New York or Georgia shall have been declared by any of Federal, Federal or New York or Georgia State authorities, (iii) there shall have occurred any material outbreak or escalation of hostilities or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it, in your reasonable judgment as representatives representative of the such Underwriters, impracticable to consummate the transactions contemplated herein or is such as would materially and adversely affect the marketability of or the market the Notes price for such Certificates or to settle transactions in the Notes on the terms and in the manner contemplated in the Prospectus, (iv) the rating of another Series of Notes shall have been reduced or withdrawn or (v) any change or any development involving a prospective changechange occurs, materially and adversely affecting (A) the related Trust Property Fund taken as a whole or (B) the business or properties of the Transferor, FNANB or Circuit City occursDepositor, which, in your reasonable judgment as representatives representative of the such Underwriters, in the case of either (A) or (B), makes it impracticable to market materially impairs the Notes on investment quality of the terms and Certificates or (b) any representation or warranty of another party shall be incorrect in the manner contemplated in the Prospectusany material respect.

Appears in 1 contract

Samples: Underwriting Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Termination of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Notes Certificates on the Specified Delivery Date shall be terminable by the Underwriters by written notice delivered to the Transferor if (a) at any time on or prior to the Specified Delivery Date (i) trading in securities generally on the New York Stock Exchange shall have been suspended or materially limited, or there shall have been any setting of minimum prices for trading on such exchange or any suspension of trading of the securities of Circuit City on any exchange or in the over-the-counter marketexchange, (ii) a general moratorium on commercial banking activities in New York or Georgia shall have been declared by any of Federal, Federal or New York or Georgia State authorities, (iii) there shall have occurred any material outbreak or escalation of hostilities or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it, in your reasonable judgment as representatives representative of the Underwriters, impracticable to consummate the transactions contemplated herein or is such as would materially and adversely affect the marketability of or the market price for the Notes Certificates or to settle transactions in the Notes on the terms and in the manner contemplated in the Prospectus, (iv) the rating of another Series of Notes shall have been reduced or withdrawn or (v) any change or any development involving a prospective changechange occurs, materially and adversely affecting (A) the Trust Property Fund taken as a whole or (B) the business or properties of the Transferor, FNANB or Circuit City occursDepositor, which, in your reasonable judgment as representatives representative of the Underwriters, in the case of either (A) or (B), makes it impracticable to market materially impairs the Notes on investment quality of the terms and Certificates or (b) any representation or warranty of another party shall be incorrect in the manner contemplated in the Prospectusany material respect.

Appears in 1 contract

Samples: Underwriting Agreement (Cs First Boston Mortgage Securities Corp /De/)

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