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

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters or any other underwriter(s) to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 20 contracts

Samples: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/)

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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Notes AMPS which it is, or they are, are obligated to purchase under this Agreement (the "Defaulted Notes”AMPS"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes AMPS in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 18 contracts

Samples: Purchase Agreement (Cohen & Steers Quality Income Realty Fund Inc), Auction Agency Agreement (Cohen & Steers Reit & Preferred Income Fund Inc), Auction Agency Agreement (Cohen & Steers Select Utility Fund Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such principal amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 13 contracts

Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), then the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 12 contracts

Samples: Underwriting Agreement (Carmax Auto Funding LLC), Underwriting Agreement (California Republic Funding LLC), Underwriting Agreement (Carmax Auto Funding LLC)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Subject Notes which it is, or they are, are obligated to purchase under this Underwriting Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 11 contracts

Samples: Underwriting Agreement (GE Equipment Midticket LLC, Series 2012-1), Underwriting Agreement (GECB Equipment Funding, LLC), Underwriting Agreement (GE Equipment Transportation LLC, Series 2012-1)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 9 contracts

Samples: Administration Agreement (World Omni Auto Receivables Trust 2012-A), Underwriting Agreement (World Omni Auto Receivables Trust 2022-B), Underwriting Agreement (World Omni Auto Receivables Trust 2016-A)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters or any other underwriter(s) to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives non-defaulting Underwriter shall not have completed such arrangements within such 24-hour period, then:

Appears in 7 contracts

Samples: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 6 contracts

Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Underwriting Agreement (Select Income Reit)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Notes Units which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesUnits”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Units in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 5 contracts

Samples: Underwriting Agreement (Stonemor Partners Lp), Purchase Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 5 contracts

Samples: Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters non‑defaulting Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour 24‑hour period, then:

Appears in 4 contracts

Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Coach Inc), Underwriting Agreement (Torchmark Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Initial Notes which it is, or they are, are obligated to purchase under this Agreement hereunder (the “Defaulted Notes”), then the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 4 contracts

Samples: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 4 contracts

Samples: American Express Issuance Trust, American Express Receivables Financing Corp VIII LLC, American Express Receivables Financing Corp VIII LLC

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Option Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (THL Credit, Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which that it is, or they are, are obligated to purchase under this Agreement (the "Defaulted Notes"), the Representatives lead Underwriter shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives lead Underwriter shall not have completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Firstar Corp /New/), Firstar Corp /New/, Wachovia Corp/ Nc

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) Person, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Bank of America Auto Receivables Securitization, LLC), Underwriting Agreement (Bank of America Auto Trust 2010-2), Bank of America Auto Receivables Securitization, LLC

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or refuse to purchase the Notes which that it is, or they are, obligated have agreed to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 36 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) Underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-36 hour period, then:

Appears in 3 contracts

Samples: Underwriting Agreement (Mizuho Financial Group Inc), Mizuho Financial Group Inc, Mizuho Financial Group Inc

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail fails at the Closing Time to purchase the Senior Notes which it is, or they are, are obligated to purchase under this Agreement (the "Defaulted Senior Notes"), the Representatives shall will have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriter or underwriters, to purchase all, but not less than all, of the Defaulted Senior Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall do not have completed complete such arrangements within such 24-hour period, then:

Appears in 3 contracts

Samples: Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which that it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 3 contracts

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

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which that it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Southwestern Energy Co), Underwriting Agreement (Southwestern Energy Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Underwriting Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Cef Equipment Holding LLC), Underwriting Agreement (Cef Equipment Holding LLC)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Original Issue Date to purchase the Notes which it is, or they are, are obligated to purchase under this Terms Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters satisfactory to the Company, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Terms Agreement (Walt Disney Co/), Terms Agreement (Walt Disney Co/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), then the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the "Defaulted Notes"), then the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Carmax Auto Funding LLC), Underwriting Agreement (Carmax Auto Funding LLC)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Time, to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (any such Underwriter, the “Defaulted NotesDefaulting Underwriter”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes failed to be purchased in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Purchase Agreement (Deutsche Bank Aktiengesellschaft), Purchase Agreement (Deutsche Bank Aktiengesellschaft)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Notes Securities which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 36 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters or any other underwriter(s) Underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 2436-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Sl Green Operating Partnership, L.P.), Underwriting Agreement (Sl Green Operating Partnership, L.P.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 36 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters or any other underwriter(s) Underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 2436-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Sl Green Operating Partnership, L.P.), Underwriting Agreement (Sl Green Operating Partnership, L.P.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the "Defaulted Notes"), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Conseco Inc, Conseco Inc

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Notes which that it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-24 hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Agree Realty Corp), Underwriting Agreement (Agree Realty Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Offered Notes which it is, or they are, are obligated to purchase under this Underwriting Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Cef Equipment Holding LLC), Underwriting Agreement (GE Equipment Transportation LLC, Series 2011-1)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such principal amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-24- hour period, then:

Appears in 2 contracts

Samples: Underwriting Agreement (Tampa Electric Co), Tampa Electric Co

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Underwriting Agreement (the "Defaulted Notes"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 2 contracts

Samples: GE Equipment Midticket LLC, Series 2006-1, Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”"DEFAULTED SECURITIES"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (A.I. Receivables Transfer Corp.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Notes Units which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesUnits”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-non defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Units in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Stonemor Partners Lp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Hospitality Properties Trust)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the on a Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Underwriting Agreement (the "Defaulted Notes"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Cef Equipment Holding LLC

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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), then the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Government Properties Income Trust)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Offered Notes which it is, or they are, are obligated to purchase under this Underwriting Agreement (the "Defaulted Notes"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Cef Equipment Holding LLC

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”"DEFAULTED SECURITIES"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such principal amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Tampa Electric Co

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which that it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Southwestern Energy Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Notes which that it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period24 -period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Agree Realty Corp)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Ryder Truck Rental Lt

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes Units which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesUnits”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Units in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Tyson Foods Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), then the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Office Properties Income Trust)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Quest Diagnostics Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters non‑defaulting Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour 24‑hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (ACRES Commercial Realty Corp.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the principal amount of the 2024 Notes, the 2026 Notes and/or the 2029 Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), then the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Hospitality Properties Trust)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the 2024 Notes which or 2044 Notes that it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Noble Energy Inc)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Original Issue Date to purchase the Notes which it is, or they are, are obligated to purchase under this Terms Agreement (the “Defaulted Notes”), the Representatives (as defined on the signature pages hereof) shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters satisfactory to the Company, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Terms Agreement (Walt Disney Co/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 36 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters or any other underwriter(s) Underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 2436-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (SL Green Operating Partnership, L.P.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (THL Credit, Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”"DEFAULTED SECURITIES"), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (American Express Issuance Trust)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes Certificates which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesCertificates”), then the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Certificates in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Certificate Underwriting Agreement (Wachovia Education Loan Funding LLC)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the "Defaulted Notes"), then the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-24 hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Wachovia Auto Loan Owner Trust 2008-1)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Original Issue Date to purchase the Notes which it is, or they are, are obligated to purchase under this Terms Agreement (the “Defaulted Notes”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters satisfactory to the Company, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Terms Agreement (Walt Disney Co/)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Notes Units which it is, or they are, are obligated to purchase under this Agreement and the Pricing Agreement (the "Defaulted Notes”Units"), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Units in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Plum Creek Timber Co L P

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted NotesSecurities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall not have completed such arrangements within such 24-24 hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (Healthpeak Properties, Inc.)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Delivery Date to purchase the Notes which it is, or they are, are obligated to purchase under this Agreement (the "Defaulted Notes"), the Representatives Xxxxxxx Xxxxx shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) Underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Xxxxxxx Xxxxx shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Purchase Agreement (Province Healthcare Co)

Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Offered Notes which it is, or they are, are obligated to purchase under this Agreement (the “Defaulted Notes”), then the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters Underwriters, or any other underwriter(s) underwriters, to purchase all, but not less than all, of the Defaulted Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:

Appears in 1 contract

Samples: Underwriting Agreement (CarMax Auto Owner Trust 2009-1)

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