Common use of Agreement of each Underwriter Clause in Contracts

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 32 contracts

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust), Underwriting Agreement (RFS Holding LLC), Underwriting Agreement (Synchrony Card Issuance Trust)

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Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company in a single electronic file in .pdf read only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 10 contracts

Samples: Underwriting Agreement (CDF Funding, Inc.), Receivables Sale Agreement (GE Dealer Floorplan Master Note Trust), Underwriting Agreement (CDF Funding, Inc.)

Agreement of each Underwriter. The following representations, warranties, agreements and/or covenants are made by each Underwriter with respect to itself and are made severally and not jointly. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company Depositor specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company Depositor in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 7 contracts

Samples: Underwriting Agreement (GECB Equipment Funding, LLC), Underwriting Agreement (GE Equipment Transportation LLC, Series 2014-1), Collateral Agency Agreement (GE Equipment Midticket LLC, Series 2014-1)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 4 contracts

Samples: Ge Dealer (CDF Funding, Inc.), Underwriting Agreement (GE Dealer Floorplan Master Note Trust), Ge Dealer (GE Dealer Floorplan Master Note Trust)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company Depositor specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company Depositor in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 4 contracts

Samples: Underwriting Agreement (GE Equipment Midticket LLC, Series 2012-1), Collateral Agency Agreement (GE Equipment Midticket LLC, Series 2013-1), Underwriting Agreement (GE Equipment Midticket LLC, Series 2011-1)

Agreement of each Underwriter. (ac) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 3 contracts

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust), Administration Agreement (RFS Holding LLC), Underwriting Agreement (GE Capital Credit Card Master Note Trust)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act172, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (RFS Holding LLC), Underwriting Agreement (GE Capital Credit Card Master Note Trust)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf ..pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Synchrony Card Issuance Trust), Underwriting Agreement (Synchrony Card Issuance Trust)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company Depositor specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company Depositor in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s 's receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 2 contracts

Samples: GE Equipment Midticket LLC, Series 2006-1, Cef Equipment Holding LLC

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a an electronic copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a will be delivered to each person who receives a confirmation, confirmation of sale prior to or at the same time with such Underwriter shall deliver confirmation of sale with a printed or paper copy of such Prospectusto follow as soon as reasonably practicable thereafter; and (iiiii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 2 contracts

Samples: Administration Agreement (GE Capital Credit Card Master Note Trust), Underwriting Agreement (GE Capital Credit Card Master Note Trust)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any GEDFMNT 2011-1: Underwriting Agreement purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company in a single electronic file in .pdf read only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (CDF Funding, Inc.)

Agreement of each Underwriter. (al 2(a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust)

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Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s 's receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Terms Agreement (CDF Funding, Inc.)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s receipt of a request from the investor 15 Underwriting Agreement within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (CDF Funding, Inc.)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a11(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such the Underwriter; (ii) if a paper copy of the Prospectus is requested by a person Person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such ProspectusProspectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company Depositor specifically for use by such Underwriter pursuant to this Section 9(a)11; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company Depositor in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Cef Equipment Holding LLC)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act172, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf ..pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (RFS Holding LLC)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act172, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a person who receives a confirmation, such Underwriter shall deliver a printed or paper copy of such Prospectus; and (iii) if an electronic copy of the Prospectus is delivered by an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a11(a); for example, if the Prospectus is delivered to an Underwriter by or on behalf of the Company in a single electronic file in .pdf format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (RFS Holding LLC)

Agreement of each Underwriter. (a) Each Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by such Underwriter the notice required by Rule 173 under the Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a printed copy of the Prospectus from such Underwriter; (ii) if a paper copy of the Prospectus is requested by a will be delivered to each person who receives a confirmation, confirmation of sale prior to or at the same time with such Underwriter shall deliver a printed or paper copy confirmation of such Prospectussale; and (iiiii) if an electronic copy of the Prospectus is delivered by an such Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to such Underwriter by or on behalf of the Company specifically for use by such Underwriter pursuant to this Section 9(a)9; for example, if the Prospectus is delivered to an such Underwriter by or on behalf of the Company in a single electronic file in .pdf a read-only format, then such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in .pdf read-only format. Each Underwriter further agrees that if it delivers to an investor the Prospectus in .pdf read-only format, upon such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust)

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