Interpretation When No Representatives. In the event no Underwriters are named in Schedule II hereto, the term “Underwriters” shall be deemed for all purposes of this Agreement to be the Representative or Representatives named as such in Schedule I hereto, the principal amount of the Purchased Bonds to be purchased by any such Underwriter shall be that set opposite its name in Schedule I hereto and all references to the “Underwriters” shall be deemed to be the Representative or Representatives named in Schedule I hereto.
Interpretation When No Representatives. In the event no Underwriters are named in Schedule II hereto, the term "Underwriters" shall be deemed for all purposes of this Agreement to be the Underwriter or Underwriters named as such in Schedule I hereto, the principal amount of the Purchased Senior Notes to be purchased by any such Underwriter shall be that set opposite its name in Schedule I hereto and all references to the "Representatives" shall be deemed to be the Underwriter or Underwriters named in such Schedule I.
Interpretation When No Representatives. In the event no Underwriters are named in Schedule II hereto, the term "Underwriters" shall be deemed for all purposes of this Agreement to be the Underwriter or Underwriters named as such in Schedule I hereto, the principal amount of the Securities to be purchased by any such Underwriter shall refer to that set opposite its name in Schedule I hereto and all references to the "Representatives" shall be deemed to refer to the Underwriter or Underwriters named in Schedule I. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Company and the several Underwriters in accordance with its terms. Very truly yours, NIAGARA MOHAWK POWER CORPORATION By: ________________________________ Title: Treasurer
Interpretation When No Representatives. In the event no Underwriters are named in Schedule II hereto, the term "Underwriters" shall be deemed for all purposes of this Agreement to be the Underwriter or Underwriters named as such in Schedule I hereto, the amount of the Securities to be purchased by any such Underwriter shall refer to that set opposite its name in Schedule I hereto and all references to the "Representatives" shall be deemed to refer to the Underwriter or Underwriters named in Schedule I. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Company, the Trust and the several Underwriters. Very truly yours, CITIZENS UTILITIES COMPANY By__________________________________ Name: Robert J. DeSantis Xxxxx: Xice President and Treasurer CITIZENS UTILITIES TRUST By__________________________________ Name: Robert J. DeSantis Xxxxx: Xxxstee By__________________________________ Name: Edward O. Kipperman Xxxxx: Xxxstee The foregoing Agreement is hereby confirmed and accepted as of the date first above written. [LEAD UNDERWRITER] [Others] By [Lead Underwriter] By: Name: Title: For themselves and as Representa- tives of the several Underwriters named in Schedule II to the foregoing Agreement. CITIZENS UTILITIES COMPANY CITIZENS UTILITIES TRUST SCHEDULE I Underwriting Agreement dated _________________, 199_ Registration Statement Nos. 33-63615-01, 33-63615-02 and 33-63615-03 Rxxxxxxxxxxxvex xxx Xxxxxsses: Xxxxxities: Designation: ____% Citizens Utilities Convertible Preferred Securities Principal Amount: $175,000,000 Date of Maturity: ______, 2035 Distribution Rate: ____% per annum, payable each January 31, April 30, July 31 and October 31 of each year, commencing _________, 1996, which distributions may be deferred. Form: Book Entry
