Common use of Default by One or More of the Initial Purchasers Clause in Contracts

Default by One or More of the Initial Purchasers. If one of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser shall have the right, within 24 hours thereafter, to make arrangements for itself, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.

Appears in 3 contracts

Sources: Purchase Agreement (Entertainment Inc), Purchase Agreement (Entertainment Inc), Purchase Agreement (Entertainment Inc)

Default by One or More of the Initial Purchasers. If one ------------------------------------------------ or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Representatives shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Representatives shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which that does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Representatives or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11arrangement.

Appears in 1 contract

Sources: Purchase Agreement (California Steel Industries Inc)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Representative shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; ifprovided, however, that if the non-defaulting Initial Purchaser Representative shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Representative or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangementsarrangement. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.

Appears in 1 contract

Sources: Purchase Agreement (Aflac Inc)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Purchasers shall have the right, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Purchasers shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Purchasers or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.

Appears in 1 contract

Sources: Purchase Agreement (United National Bancorp)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Representative shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Representative shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which that does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Representative or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11arrangement.

Appears in 1 contract

Sources: Purchase Agreement (Golden Sky DBS Inc)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities Notes which it is or they are obligated to purchase under this Purchase Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the non-defaulting Initial Purchaser Representative(s) shall have the right, but not the obligation, within 24 36 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial PurchasersPurchaser(s), to purchase purchase, each severally and not jointly, all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Representatives shall not have completed such arrangements within such 2436-hour period, then this Purchase Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Purchase Agreement, either the non-defaulting Initial Purchaser Representatives or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum Circular or in any other documents or arrangements. As used herein, and the term "Initial Purchaser" includes Company agrees to prepare promptly any person substituted for an Initial Purchaser under this Section 11amendments to the Offering Circular which in the opinion of the Representatives may thereby be necessary.

Appears in 1 contract

Sources: Purchase Agreement (Sanitec International Sa)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which that it is or they are obligated to purchase under pursuant to this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser you shall have the right, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forthforth in this Agreement; if, however, the non-defaulting Initial Purchaser shall you have not have completed such arrangements within such 24-hour period, then then: (a) if the aggregate principal amount of Defaulted Securities does not exceed 10% of the Securities to be purchased pursuant to this Agreement, the non-defaulting Initial Purchasers shall be obligated to purchase the full amount thereof in the proportions that their respective purchase obligation proportions bear to the purchase obligations of all non-defaulting Initial Purchasers, or (b) if the aggregate principal amount of Defaulted Securities exceeds 10% of the Securities to be purchased pursuant to this Agreement, this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.

Appears in 1 contract

Sources: Purchase Agreement (CSC Holdings Inc)

Default by One or More of the Initial Purchasers. If one ------------------------------------------------------------ or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Representatives shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Representatives shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Representatives or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.

Appears in 1 contract

Sources: Purchase Agreement (Universal Health Services Inc)

Default by One or More of the Initial Purchasers. If one of the Initial Purchasers shall fail at the Closing Time or a Date of Delivery to purchase the Securities Shares which it is obligated to purchase under this Agreement (the "Defaulted SecuritiesShares"), the non-defaulting other Initial Purchaser shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements arrangements, for itselfthe non- defaulting Initial Purchaser, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting other Initial Purchaser shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-the non- defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser or the Company shall have the right to postpone the Closing Time or the relevant Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11arrangement.

Appears in 1 contract

Sources: Purchase Agreement (Rhythms Net Connections Inc)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Purchasers shall have the right, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Purchasers shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser Purchases from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Purchasers or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.

Appears in 1 contract

Sources: Purchase Agreement (Hubco Inc)

Default by One or More of the Initial Purchasers. If one of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser ▇▇▇▇▇▇▇ ▇▇▇▇▇ shall have the right, within 24 hours thereafter, to make arrangements for itselfthe non-defaulting Initial Purchaser, or any other Initial PurchasersPurchaser, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser ▇▇▇▇▇▇▇ ▇▇▇▇▇ shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any the non-defaulting Initial Purchaser. No action taken pursuant to this Section 11 shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser ▇▇▇▇▇▇▇ ▇▇▇▇▇ or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.

Appears in 1 contract

Sources: Purchase Agreement (Chemical Leaman Corp /Pa/)

Default by One or More of the Initial Purchasers. If one ------------------------------------------------ or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Representatives shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Representatives shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Representatives or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11arrangement.

Appears in 1 contract

Sources: Purchase Agreement (Hammond Residential LLC)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities Units which it is or they are obligated to purchase under this Agreement (the "Defaulted SecuritiesDEFAULTED SECURITIES"), the non-defaulting Initial Purchaser Representatives shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Representatives shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Representatives or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11arrangement.

Appears in 1 contract

Sources: Purchase Agreement (Convergent Communications Inc /Co)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Representative shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Representative shall not have completed such arrangements within such 24-hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Representative or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days in order to effect any required changes in the Offering Memorandum or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11arrangement.

Appears in 1 contract

Sources: Purchase Agreement (Fisher Scientific International Inc)

Default by One or More of the Initial Purchasers. If one or more of the Initial Purchasers shall fail at the Closing Time to purchase the Securities which it is or they are obligated to purchase under this Agreement (the "Defaulted Securities"), the non-defaulting Initial Purchaser Purchasers shall have the right, within 24 hours thereafter, to make arrangements for itselfone or more of the non-defaulting Initial Purchasers, or any other Initial Purchasers, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Initial Purchaser Purchasers shall not have completed such arrangements within such 24-24- hour period, then this Agreement shall terminate without liability on the part of any non-defaulting Initial Purchaser. No action taken pursuant to this Section shall relieve any defaulting Initial Purchaser from liability in respect of its default. In the event of any such default which does not result in a termination of this Agreement, either the non-defaulting Initial Purchaser Purchasers or the Company shall have the right to postpone the Closing Time for a period not exceeding seven days until no later than February 5, 1997 in order to effect any required changes in the Offering Memorandum Memorandums or in any other documents or arrangements. As used herein, the term "Initial Purchaser" includes any person substituted for an Initial Purchaser under this Section 11.the

Appears in 1 contract

Sources: Purchase Agreement (Allmerica Financial Corp)