Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Notes, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Notes, or the Company notifies you that it has so arranged for the purchase of such Notes, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such Notes.
Appears in 7 contracts
Samples: Suntrust Banks Inc, Underwriting Agreement (Suntrust Banks Inc), Suntrust Banks Inc
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, without relieving any defaulting Underwriter from liability for its default, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date any Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that which in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 3 contracts
Samples: Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md), Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md), Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md)
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes which Depositary Shares that it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Depositary Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesDepositary Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Depositary Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesDepositary Shares, or the Company notifies you that it has so arranged for the purchase of such NotesDepositary Shares, you or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesDepositary Shares.
Appears in 2 contracts
Samples: Suntrust Banks Inc, Suntrust Banks Inc
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such Notes, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Notes, or the Company notifies you that it has so arranged for the purchase of such Notes, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such Notes.
Appears in 2 contracts
Samples: Suntrust Banks Inc, Suntrust Banks Inc
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunderhereunder at the Time of Delivery, without relieving any defaulting Underwriter from liability for its default, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that which in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 2 contracts
Samples: Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md), Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md)
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunderhereunder at an applicable Time of Delivery, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date applicable Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 2 contracts
Samples: Underwriting Agreement (Wachovia Corp New), Underwriting Agreement (Wachovia Corp New)
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes which Depositary Shares that it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Depositary Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesDepositary Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Depositary Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesDepositary Shares, or the Company notifies you that it has so arranged for the purchase of such NotesDepositary Shares, you or the Company shall have the right to postpone the Closing Date a Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesDepositary Shares.
Appears in 2 contracts
Samples: Suntrust Banks Inc, Suntrust Banks Inc
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained hereinherein at the Closing Date or the Option Closing Date. If within thirty-thirty six hours after such default by any Underwriter Underwriter, you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you the Representative to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date or the Option Closing Date, as the case may be, for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Normal WITS which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Normal WITS on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such NotesNormal WITS, then the Company Guarantor shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Normal WITS on such terms. In the event that, within the respective prescribed periods, you notify the Company Guarantor that you have so arranged for the purchase of such NotesNormal WITS, or the Company Guarantor notifies you that it has so arranged for the purchase of such NotesNormal WITS, you or the Company Guarantor shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Guarantor agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesNormal WITS.
Appears in 1 contract
Samples: Trust Agreement (Wachovia Corp New)
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunderhereunder at the Time of Delivery, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Samples: Popular Inc
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, without relieving any defaulting Underwriter from liability for its default, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that which in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Huntington Bancshares Inc/Md)
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Shares which it has agreed to purchase hereunderhereunder at a Time of Delivery, without relieving any defaulting Underwriter from liability for its default, you may in your discretion arrange for you or another party or other parties to purchase such Notes Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesShares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesShares, or the Company notifies you that it has so arranged for the purchase of such NotesShares, you or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that which in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such NotesShares.
Appears in 1 contract
Samples: Huntington Bancshares Inc/Md
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Firm Depositary Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Firm Depositary Shares on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such NotesFirm Depositary Shares, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Firm Depositary Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesFirm Depositary Shares, or the Company notifies you that it has so arranged for the purchase of such NotesFirm Depositary Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesFirm Depositary Shares.
Appears in 1 contract
Samples: Wachovia Corp New
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Samples: Wachovia Corp New
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Normal PPS which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Normal PPS on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such NotesNormal PPS, then the Company Guarantor shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Normal PPS on such terms. In the event that, within the respective prescribed periods, you notify the Company Guarantor that you have so arranged for the purchase of such NotesNormal PPS, or the Company Guarantor notifies you that it has so arranged for the purchase of such NotesNormal PPS, you or the Company Guarantor shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Guarantor agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesNormal PPS.
Appears in 1 contract
Samples: Suntrust Banks Inc
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained hereinherein at the Closing Date. If within thirty-thirty six hours after such default by any Underwriter Underwriter, you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you the Representatives to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Samples: Fifth Third Bancorp
Underwriter Default. (aA) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, without relieving any defaulting Underwriter from liability for its default, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that which in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Huntington Bancshares Inc/Md)
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunderhereunder at the Time of Delivery, you may in your discretion arrange for you or another party or other parties to purchase such Notes the Securities on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date such Time of Delivery, for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Notes on the terms contained hereinherein at the Closing Date. If within thirty-thirty six hours after such default by any Underwriter Underwriter, you do not arrange for the purchase of such Notes, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you the Representatives to purchase such Notes on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Notes, or the Company notifies you that it has so arranged for the purchase of such Notes, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such Notes.. FTB SENIOR DEBT 2008 – UNDERWRITING AGREEMENT
Appears in 1 contract
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunderhereunder at each Time of Delivery, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-thirty six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date such Time of Delivery, for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Shares which it has agreed to purchase hereunderhereunder at a Time of Delivery, you may in your discretion arrange for you or another party or other parties to purchase such Notes Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesShares, then the Company and the Selling Stockholders shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Stockholders that you have so arranged for the purchase of such NotesShares, or the Company notifies and the Selling Stockholders notify you that it has they have so arranged for the purchase of such NotesShares, you or the Company and the Selling Stockholders shall have the right to postpone the Closing Date a Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that which in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesShares.
Appears in 1 contract
Underwriter Default. (a) If any Underwriter shall default in its obligation to purchase the Notes Securities which it has agreed to purchase hereunder, without relieving any defaulting Underwriter from liability for its default, you may in your discretion arrange for you or another party or other parties to purchase such Notes Securities on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such NotesSecurities, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Notes Securities on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such NotesSecurities, or the Company notifies you that it has so arranged for the purchase of such NotesSecurities, you or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that which in your opinion may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such NotesSecurities.
Appears in 1 contract
Samples: Huntington Bancshares Inc/Md