Common use of Lead Underwriter Clause in Contracts

Lead Underwriter. 21.1 The Trust, the Manager and the Corporation shall be entitled to and shall act on any notice or other communication given by or on behalf of the Underwriters by the Lead Underwriter which shall represent the Underwriters and which have the authority to bind the Underwriters except in respect of (i) a notice of termination given pursuant to section 17, which notice may be given by any Underwriter, (ii) a notice of termination given pursuant to section 19.2, which notice may be given by any non-defaulting Underwriter, or (iii) an agreement of settlement given under section 12 or 13 which may be given only by the Underwriter affected thereby. The Lead Underwriter shall consult fully with the other Underwriters with respect to any such notice or other communication. Acceptance of this offer by the Trust, the Manager and the Corporation shall constitute their respective authority for accepting notification of any such matters from, and for delivering the definitive certificate representing the Offered Units, to or to the order of RBC Dominion Securities Inc.

Appears in 2 contracts

Samples: Underwriting Agreement (Pengrowth Energy Trust), Pengrowth Energy Trust

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Lead Underwriter. 21.1 22.1 The Trust, the Manager and the Corporation shall be entitled to and shall act on any notice or other communication given by or on behalf of the Underwriters by the Lead Underwriter BMO which shall represent the Underwriters and which have the authority to bind the Underwriters except in respect of of: (i) a notice of termination given pursuant to section Section 17, which notice may be given by any Underwriter, (ii) any waiver or extension given pursuant to Section 18, which must be signed by all of the Underwriters, (iii) a notice of the exercise of a right or a notice of termination given pursuant to section 19.2Section 20.2, which notice may be given by any non-defaulting Underwriter, or (iiiiv) an agreement of settlement given any actions taken under section Sections 12 or 13 which may be given only by the Underwriter affected thereby. The Lead Underwriter BMO shall consult fully with the other Underwriters with respect to any such notice or other communication. Acceptance of this offer by the Trust, the Manager and the Corporation shall constitute their respective authority for accepting notification of any such matters from, and for delivering the definitive certificate representing the Offered UnitsShares, to or to the order of RBC Dominion Securities Inc.of, BMO.

Appears in 1 contract

Samples: Underwriting Agreement (PENGROWTH ENERGY Corp)

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Lead Underwriter. 21.1 The Trust, the Manager and the Corporation shall be entitled to and shall act on any notice or other communication given by or on behalf of the Underwriters by the Lead Underwriter which shall represent the Underwriters and which have the authority to bind the Underwriters except in respect of (i) a notice of termination given pursuant to section 17, which notice may be given by any Underwriter, (ii) a notice of termination given pursuant to section 19.2, which notice may be given by any non-defaulting Underwriter, or (iii) an agreement of settlement given under section 12 or 13 which may be given only by the Underwriter affected thereby. The Lead Underwriter shall consult fully with the other Underwriters with respect to any such notice or other communication. Acceptance of this offer by the Trust, the Manager and the Corporation shall constitute their respective authority for accepting notification of any such matters from, and for delivering the definitive certificate representing any of the Offered Units, to or to the order of RBC Dominion Securities Inc.

Appears in 1 contract

Samples: Underwriting Agreement (Pengrowth Energy Trust)

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