Common use of Underwriters and Representative Clause in Contracts

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II hereto and any underwriter substituted as provided in paragraph 6, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwriters, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 7 contracts

Samples: Underwriting Agreement (Florida Power Corp), Underwriting Agreement (Florida Power Corp), Underwriting Agreement (Florida Power Corp)

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Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) herein shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 6, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If the firm or firms listed in Schedule I hereto (the "Representative") are the same as Representatives the firm or firms listed in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwritershereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm or firms. Each The Representative represents jointly and severally that they have it has been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (Florida Power Corp /), Underwriting Agreement (Carolina Power & Light Co)

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the “Agreement”) herein shall be deemed to mean the firm or the several firms named in Schedule II hereto of this Underwriting Agreement (the “Agreement”) and any underwriter substituted as provided in paragraph 6, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives in Schedule II I hereto (individually and collectively, the “Representative”) are the only same as the firm or firms serving as underwriterslisted in Schedule II hereto, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 4 contracts

Samples: Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (Florida Power Corp /)

Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) herein shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 6, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If the firm or firms listed in Schedule I hereto (the "Representative") are the same as Representatives the firm or firms listed in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwritershereto, then the terms "Underwriters" and "Representative,” ", as used herein, shall each be deemed to refer to such firm or firms. Each The Representative represents jointly and severally that they have it has been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (Carolina Power & Light Co)

Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) herein ------------------------------- shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 6, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If the firm or firms listed in Schedule I hereto (the "Representative") are the same as Representatives the firm or firms listed in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwritershereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm or firms. Each The Representative represents jointly and severally that they have it has been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (North Carolina Natural Gas Corp), Underwriting Agreement (Carolina Power & Light Co)

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II hereto and any underwriter substituted as provided in paragraph 66 hereof, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives Representative in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwriters, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Progress Energy Inc), Underwriting Agreement (Progress Energy Inc)

Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) herein ------------------------------- shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 66 hereof, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If the firm or firms listed in Schedule I hereto (the "Representative") are the same as Representatives the firm or firms listed in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwritershereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm or firms. Each The Representative represents jointly and severally that they have it has been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Cp&l Energy Inc), Underwriting Agreement (Cp&l Energy Inc)

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II I hereto and any underwriter substituted as provided in paragraph 6, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives in Schedule II I hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwriters, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (Florida Power Corp)

Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) ------------------------------- herein shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 66 hereof, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If the firm or firms listed in Schedule I hereto (the "Representative") are the same as Representatives the firm or firms listed in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwritershereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm or firms. Each The Representative represents jointly and severally that they have it has been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Cp&l Energy Inc), Underwriting Agreement (Cp&l Energy Inc)

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II I hereto and any underwriter substituted as provided in paragraph 66 hereof, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives in Schedule II I hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwriters, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Carolina Power & Light Co), Underwriting Agreement (Progress Energy Inc)

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Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) herein shall be deemed to mean the firm or the several firms named in Schedule II hereto of this Underwriting Agreement (the "Agreement") and any underwriter substituted as provided in paragraph 6, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives in Schedule II I hereto (individually and collectively, the "Representative") are the only same as the firm or firms serving as underwriterslisted in Schedule II hereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Florida Power Corp /), Underwriting Agreement (Florida Power Corp /)

Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) ------------------------------- herein shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 66 hereof, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If The term "Representative" as used herein shall be deemed to mean the firm or firms listed as Representatives named in Schedule I hereto, collectively. If any firm named in Schedule I hereto is also named on Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwritershereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm or firmsfirm. Each Representative represents The firms named in Schedule 1 hereto represent, jointly and severally severally, that they have been authorized by the Underwriters to execute this Underwriting Agreement (this "Agreement") on their behalf and to act for them as Representative in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II hereto, any Any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, or by one either of the firms acting on behalf of listed in Schedule I hereto as the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Progress Energy Inc)

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II I hereto and any underwriter substituted as provided in paragraph 66 hereof, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives Representative in Schedule II I hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwriters, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Progress Energy Inc)

Underwriters and Representative. The term "Underwriters" as used in this Underwriting Agreement (the “Agreement”) ------------------------------- herein shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 6, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. If the firm or firms listed in Schedule I hereto (the "Representative") are the same as Representatives the firm or firms listed in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwritershereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm or firms. Each The Representative represents jointly and severally that they have it has been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Carolina Power & Light Co)

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II hereto and any underwriter substituted as provided in paragraph 6, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If the firm or firms listed as Representatives in Schedule II hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwriters, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents jointly and severally that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Florida Power Corp)

Underwriters and Representative. The term “Underwriters” as used in this Underwriting Agreement (the this “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II hereto following firms, and any underwriter substituted as provided in paragraph 66 hereof, and the term “Underwriter” shall be deemed to mean any one of such Underwriters. If : Banc of America Securities LLC Citigroup Global Markets Inc. Barclays Capital Inc. J.X. Xxxxxx Securities Inc. The term “Representative” as used herein shall be deemed to mean the firm or the firms listed as Representatives named in Schedule II I hereto, collectively. If any firm or firms named as Representative in Schedule I hereto (individually and collectively, the “Representative”) are the only firm or firms serving as underwriters, then the terms “Underwriters” and “Representative,” as used herein, shall each be deemed to refer to such firm or firms. Each Representative represents If more than one firm is named in Schedule I hereto, such firms represent, jointly and severally severally, that they have been authorized by the Underwriters to execute this Agreement on their behalf and to act for them as Representative in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. If more than one firm is named as Representative in Schedule II I hereto, any action under or in respect of this Agreement may be taken by such firms jointly as the Representative, Representative or by one of the firms acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Progress Energy Inc)

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