Common use of Effective Date and Termination Clause in Contracts

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M., New York time, on the date hereof, or at such later time after the Registration Statement becomes effective as the Representative, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative shall have given written notice to the Company that the Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative to securities dealers releasing such Shares for offering or the release by the Representative for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Jaymark Inc), Zydeco Energy Inc

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Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section and -------- ------- of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Albany Molecular Research Inc), Anika Therapeutics Inc

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.a.m., New York Washington, DC time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares Preferred Securities for the sale to the public public, unless prior to such time the Representative Representatives shall have received written notice from the Company on behalf of itself and the Trust that it elects they elect that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company Offerors that the Representative Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a1l(a), the Shares Preferred Securities to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares Preferred Securities for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the SharesPreferred Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (First United Corp/Md/), Underwriting Agreement (Provident Trust Ii)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M._____ a.m., New York Washington, D.C. time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public public, unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Startec Global Communications Corp), Startec Global Communications Corp

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.a.m., New York Washington, DC time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public public, unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 12 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a12(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Creditrust Corp)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a12(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Mediconsult Com Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.11:00 a.m., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeUnderwriters, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Underwriters shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative shall have given written notice to the Company that the Representative Underwriters on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section and of ----------------- Section 6 5 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Underwriters to securities dealers releasing such Shares for offering or the release by the Representative Underwriters for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (G&l Realty Corp)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.a.m., New York York, NY time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares Preferred Securities for the sale to the public public, unless prior to such time the Representative Representatives shall have received written notice from the Company on behalf of itself and the Trust that it elects they elect that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company Offerors that the Representative Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares Preferred Securities to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares Preferred Securities for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the SharesPreferred Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Sterling Bancorp Trust I)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Lithia Motors Inc

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.11:00 a.m., New York time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 -------- ------- and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Four Media Co)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects they elect that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Steiner Leisure LTD)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M._____ a.m., New York Washington, D. C. time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public public, unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Startec Global Communications Corp

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company and the Selling Stockholders that it elects they elect that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Take Two Interactive Software Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.11:00 a.m., New York City time, on the first business day following the date hereof, hereof or at such later earlier time after the Registration Statement becomes effective as the Representative, Representative in its sole discretion, discretion shall release the Shares for the sale to the public public, unless prior to such time the Representative shall have received written notice from the Company that it elects that this Agreement shall not become effective, effective or the Representative shall have given written notice to the Company that the Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of Sections 6 and 8 hereof and this Section and of Section 6 and Section 8 hereof 11 shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(asubsection (a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative to securities dealers releasing such Shares for offering or the release by the Representative for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Warrant Agreement (Clearview Cinema Group Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M., New York time, on the date hereof, or at such later time after the Registration Statement becomes effective as the Representative, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative shall have given written notice to the Company that the Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative to securities dealers releasing such Shares for offering or the release by the Representative for publication of the first newspaper advertisement which is subsequently published relating to the Shares.newspaper

Appears in 1 contract

Samples: Underwriting Agreement (Jaymark Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.a.m., New York Washington, DC time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the Representative, in its sole discretion, shall release the Shares Preferred Securities for the sale to the public public, unless prior to such time the Representative shall have received written notice from the Company on behalf of itself and the Trust that it elects they elect that this Agreement shall not become effective, or the Representative shall have given written notice to the Company Offerors that the Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares Preferred Securities to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative to securities dealers releasing such Shares Preferred Securities for offering or the release by the Representative for publication of the first newspaper advertisement which is subsequently published relating to the SharesPreferred Securities.

Appears in 1 contract

Samples: Mariner Capital Trust

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Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.11:00 a.m., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the Representative, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative shall have given written notice to the Company that the Representative on behalf of the Underwriters elects that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative to securities dealers releasing such Shares for offering or the release by the Representative for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Capital Corp of the West)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.______ a.m., New York timeEST, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the Representative, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative shall have given written notice to the Company that the Representative on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative to securities dealers releasing such Shares for offering or the release by the Representative for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Virginia Gas Co

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M., New York time, on upon the date hereof, later of (i) the execution of this Agreement or at such later time after (ii) when the Underwriters and the Company shall have received notification from the Commission of the effectiveness of the Registration Statement becomes effective as the RepresentativeStatement, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Offered Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Offered Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Offered Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Alyn Corp)

Effective Date and Termination. (a1) This Agreement shall become effective at 9:00 1l:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representative[s] to securities dealers releasing such Shares for offering or the release by the Representative Representative[s] for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Multi Link Telecommunications Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the Representative, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative shall have given written notice to the Company that the Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative to securities dealers releasing such Shares for offering or the release by the Representative for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Suprema Specialties Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Rep- resentatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Lithia Motors Inc

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.a.m., New York Washington, D.C. time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its sole discretion, shall release the Shares for the sale to the public public, unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 6 7 and Section 8 9 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Dunn Computer Corp

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 A.M., New York time, on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeRepresentatives, in its sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Representatives shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative Representatives shall have given written notice to the Company that the Representative Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section and of Section 6 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Representatives to securities dealers releasing such Shares for offering or the release by the Representative Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Ragar Corp

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 A.M.11:00 a.m., New York time, time on the first business day following the date hereof, or at such later earlier time after the Registration Statement becomes effective as the RepresentativeUnderwriters, in its their sole discretion, shall release the Shares for the sale to the public unless prior to such time the Representative Underwriters shall have received written notice from the Company that it elects that this Agreement shall not become effective, or the Representative shall have given written notice to the Company that the Representative Underwriters on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section and of -------- ------- Section 6 5 and Section 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 11(a), the Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representative Underwriters to securities dealers releasing such Shares for offering or the release by the Representative Underwriters for publication of the first newspaper advertisement which is subsequently published relating to the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (G&l Realty Corp)

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