Common use of Settlement and Trading Clause in Contracts

Settlement and Trading. Book-Entry Only via The Depository Trust Company. Names of the Representatives: Banc of America Securities LLC and Credit Suisse First Boston Corporation. The respective principal amounts of the Offered Securities to be purchased by each of the Underwriters are set forth opposite their names in Schedule A hereto. The provisions of the Underwriting Agreement are incorporated herein by reference. The Offered Securities will be made available for checking and packaging at the office of Credit Suisse First Boston Corporation at least 24 hours prior to the Closing Date. For purposes of Section 6 of the Underwriting Agreement, the only information furnished to the Company by any Underwriter for use in the Prospectus consists of (i) the seventh paragraph and the concession and reallowance figures appearing in the third paragraph under the caption "Underwriting" in the prospectus supplement, and (ii) the information in the ninth paragraph furnished on behalf of First Union Securities, Inc. under the caption "Underwriting" in the prospectus supplement. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to the Company one of the counterparts hereof, whereupon it will become a binding agreement between the Company and the several Underwriters in accordance with its terms. Very truly yours, COSTCO WHOLESALE CORPORATION By: Name: Title: The foregoing Terms Agreement is hereby confirmed and accepted as of the date first above written BANC OF AMERICA SECURITIES LLC CREDIT SUISSE FIRST BOSTON CORPORATION Acting on behalf of themselves and as the Representatives of the several Underwriters. By: BANC OF AMERICA SECURITIES LLC By: ________________________________ Title: SCHEDULE A Principal Underwriter Amount Banc of America Securities LLC............................... $105,000,000 Credit Suisse First Boston Corporation....................... $105,000,000 ABN AMRO Incorporated........................................ $ 12,000,000 Banc One Capital Markets, Inc............................... $ 12,000,000 First Union Securities, Inc................................. $ 12,000,000 Fleet Securities, Inc....................................... $ 12,000,000 Tokyo-Mitsubishi International plc.......................... $ 12,000,000 U.S. Bancorp ▇▇▇▇▇ ▇▇▇▇▇▇▇ Inc.............................. $ 12,000,000 ▇▇▇▇▇ Fargo Brokerage Services, LLC......................... $ 12,000,000 ▇. ▇. ▇▇▇▇ & Company........................................ $ 6,000,000 ------------ Total.............................................. $300,000,000 ============ EXHIBIT A COSTCO WHOLESALE CORPORATION Debt Securities UNDERWRITING AGREEMENT

Appears in 1 contract

Sources: Terms Agreement (Costco Wholesale Corp /New)

Settlement and Trading. [Physical certificated form.] [Book-Entry Only via The Depository Trust CompanyDTC.] Blackout: Until days after the Closing Date. Names [Name[s] and Address[es] of the Representatives: Banc of America Securities LLC and Credit Suisse First Boston Corporation. [Representative[s]] [Underwriter[s]]:] The respective principal amounts of the Offered Securities to be purchased by each of the Underwriters are set forth opposite their names in Schedule A hereto. The provisions of the Underwriting Agreement are incorporated herein by reference. The Offered Securities will be made available for checking and packaging at the office of Credit Suisse First Boston Corporation at least 24 hours prior to the Closing Date. For purposes of Section 6 of the Underwriting Agreement, the only information furnished to the Company by any Underwriter for use in the Preliminary Prospectus and the Final Prospectus consists of [(i) )] the seventh paragraph following information in the Preliminary Prospectus and the Final Prospectus furnished on behalf of each Underwriter, the last paragraph at the bottom of the prospectus supplement cover page concerning the terms of the offering by the Underwriters, the legend concerning over-allotments-and-, -stabilizing [and passive market making] on the inside front cover page of the prospectus supplement-and-, -the concession and reallowance figures appearing in the third paragraph under the caption "Underwriting" ” in the prospectus supplement [If paragraph regarding passive market making is included, insert-and the information contained in the paragraph under the caption “Underwriting” in the prospectus supplement] [If applicable, insert-; and (ii) the following information in the ninth paragraph prospectus supplement furnished on behalf of First Union Securities[insert name of Underwriter], Inc. [insert description of information, such as material relationship disclosure under the caption "Underwriting" in the prospectus supplementsupplement].1 If the Offered Securities are denominated in a currency other than United States dollars, make appropriate modifications to provisions of the Terms Agreement (e.g., type of funds specified under “Closing”) and consider including in the Terms Agreement such changes and additions to the Underwriting Agreement as may be appropriate in the circumstances, e.g., expanding the blackout provision in Section 4 to cover debt securities denominated in the currency in which the Offered Securities are denominated, expanding Section 5(c)(iv) to cover a banking moratorium declared by authorities in the country of such currency, expanding Section 5(c)(v) to cover a change or prospective change in, or governmental action affecting, exchange controls applicable to such currency, and modifying Section 5(d) to permit a statement to the effect that enforcement of the Indenture and the Offered Securities is subject to provisions of law which may requ ire that a judgment for money damages rendered by a court in the United States be expressed only in United States dollars and appropriate exceptions as to any provisions requiring payment of additional amounts. Also consider requiring an opinion of counsel for the Company confirming information as to United States tax matters in the Preliminary Prospectus and the Final Prospectus and an opinion of foreign counsel for the Company regarding such matters as foreign consents, approvals, authorizations, licenses, waivers, withholding taxes, transfer or stamp taxes and any information as to foreign laws in the Preliminary Prospectus and the Final Prospectus. 1 Special care should be taken to ensure that the description of the information, including caption references and any references to particular paragraphs or sentences, matches the final Prospectus. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to the Company one of the counterparts hereof, whereupon it will become a binding agreement between the Company and the several Underwriters in accordance with its terms. Very truly yours, COSTCO WHOLESALE CORPORATION By: Name: Title: [INSERT NAME OF ISSUER] By [Insert title] The foregoing Terms Agreement is hereby confirmed and accepted as of the date first above written BANC OF AMERICA SECURITIES LLC CREDIT SUISSE FIRST BOSTON CORPORATION written. By [Insert title] [Acting on behalf of themselves itself and as the Representatives Representative of the several Underwriters.] [Acting on behalf of itself and as the Representative of the several Underwriters.] By By [Insert title] The issuer has filed a registration statement (including a prospectus) with the SEC for the offering to which this communication relates. By: BANC OF AMERICA SECURITIES LLC By: ________________________________ Title: SCHEDULE A Principal Underwriter Amount Banc of America Securities LLC............................... $105,000,000 Credit Suisse First Boston Corporation....................... $105,000,000 ABN AMRO Incorporated........................................ $ 12,000,000 Banc One Capital MarketsBefore you invest, Inc............................... $ 12,000,000 First Union Securities, Inc................................. $ 12,000,000 Fleet Securities, Inc....................................... $ 12,000,000 Tokyo-Mitsubishi International plc.......................... $ 12,000,000 U.S. Bancorp you should read the prospectus in that registration statement and other documents the issuer has filed with the SEC for more complete information about the issuer and this offering. You may get these documents for free by visiting ▇▇▇▇▇ on the SEC Web site at ▇▇▇.▇▇▇.▇▇▇. Alternatively, the issuer, any underwriter or any dealer participating in the offering will arrange to send you the prospectus if you request it by calling toll-free ▇-▇▇▇-▇▇▇-▇▇▇▇▇▇▇ Inc.............................. . $ 12,000,000 ▇▇▇▇▇ Fargo Brokerage ServicesTotal $ To: The [Representative[s] of the] Underwriters identified herein Dear Sirs: The undersigned agrees to sell to the several Underwriters named [in Schedule A hereto] [below] for their respective accounts, LLC......................... $ 12,000,000 ▇on and subject to the terms and conditions of the Underwriting Agreement filed as an exhibit to the Company’s registration statement on Form S-3 (No. ▇. ▇▇▇▇ & Company........................................ $ 6,000,000 ------------ Total.............................................. $300,000,000 ============ EXHIBIT A COSTCO WHOLESALE CORPORATION Debt Securities UNDERWRITING AGREEMENT333- ) (“Underwriting Agreement”), the following securities (“Offered Securities”) on the following terms:

Appears in 1 contract

Sources: Underwriting Agreement (Sunoco Inc)

Settlement and Trading. [Physical certificated form.] [Book-Entry Only via The Depository Trust CompanyDTC.] Blackout: Until days after the Closing Date. Names [Name[s] and Address[es] of the Representatives: Banc of America Securities LLC and Credit Suisse First Boston Corporation. [Representative[s]] [Underwriter[s]]:] The respective principal amounts of the Offered Securities to be purchased by each of the Underwriters are set forth opposite their names in Schedule A hereto. The provisions of the Underwriting Agreement are incorporated herein by reference. The Offered Securities will be made available for checking and packaging at the office of Credit Suisse First Boston Corporation Cravath, Swaine & ▇▇▇▇▇ LLP at least 24 hours prior to the Closing Date. For purposes of Section 6 of the Underwriting Agreement, the only information furnished to the Company by any Underwriter for use in the Prospectus consists of (i) the seventh paragraph and following information in the Prospectus furnished on behalf of each Underwriter: the concession and reallowance figures appearing in the third paragraph under the caption "Underwriting" ” in the prospectus supplement and the information contained in the paragraph under the caption “Underwriting” in the prospectus supplement, ; and (ii) the following information in the ninth paragraph prospectus supplement furnished on behalf of First Union Securities, Inc. under the caption "Underwriting" in the prospectus supplement[insert name of Underwriter]: . If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to the Company one of the counterparts hereof, whereupon it will become a binding agreement between the Company and the several Underwriters in accordance with its terms. Very truly yours, COSTCO WHOLESALE CORPORATION SKYWORKS SOLUTION, INC. By: Name: Title: .................................................. [Insert title] The foregoing Terms Agreement is hereby confirmed and accepted as of the date first above written BANC written. [NAMES OF AMERICA SECURITIES LLC CREDIT SUISSE FIRST BOSTON CORPORATION UNDERWRITER[S]] ........................................................... ........................................................... [Acting on behalf of themselves and as the Representatives of the several Underwriters.] Underwriter Principal Amount $ .......................................... Total........................................ $........................................ [FORM OF] TERMS AGREEMENT To: The [Representative[s] of the] Underwriters identified herein Dear Sirs: The undersigned agrees to sell to the several Underwriters named in Schedule A hereto for their respective accounts, on and subject to the terms and conditions of the Underwriting Agreement filed as an exhibit to the Company’s registration statement on Form S-3 (No. By: BANC OF AMERICA SECURITIES LLC By: ________________________________ Title: SCHEDULE A Principal Underwriter Amount Banc of America Securities LLC............................... $105,000,000 Credit Suisse First Boston Corporation....................... $105,000,000 ABN AMRO Incorporated........................................ $ 12,000,000 Banc One Capital Markets333- ) (“Underwriting Agreement”), Inc............................... $ 12,000,000 First Union the following securities (“Offered Securities, Inc................................. $ 12,000,000 Fleet Securities, Inc....................................... $ 12,000,000 Tokyo-Mitsubishi International plc.......................... $ 12,000,000 U.S. Bancorp ▇▇▇▇▇ ▇▇▇▇▇▇▇ Inc.............................. $ 12,000,000 ▇▇▇▇▇ Fargo Brokerage Services, LLC......................... $ 12,000,000 ▇. ▇. ▇▇▇▇ & Company........................................ $ 6,000,000 ------------ Total.............................................. $300,000,000 ============ EXHIBIT A COSTCO WHOLESALE CORPORATION Debt Securities UNDERWRITING AGREEMENT”) on the following terms:

Appears in 1 contract

Sources: Underwriting Agreement (Skyworks Solutions Inc)

Settlement and Trading. [Physical certificated form.] [Book-Entry Only via The Depository Trust Company. Names of DTC.] Blackout: Until days after the Representatives: Banc of America Securities LLC and Credit Suisse First Boston CorporationClosing Date. The respective principal amounts of the Offered Securities to be purchased by each of the Underwriters are set forth opposite their names in Schedule A hereto. The provisions of the Underwriting Agreement are incorporated herein by reference. The Offered Securities will be made available for checking and packaging at the office of Credit Suisse First Boston Corporation ▇▇▇▇ and ▇▇▇▇ LLP at least 24 hours prior to the Closing Date. For purposes of Section 6 of the Underwriting Agreement, the only information furnished to the Company by any Underwriter for use in the Prospectus consists of (i) the seventh paragraph and following information in the Prospectus furnished on behalf of each Underwriter: the concession and reallowance figures appearing in the third paragraph under the caption "Underwriting" ” in the prospectus supplement and the information contained in the paragraph under the caption “Underwriting” in the prospectus supplement, ; and (ii) the following information in the ninth paragraph prospectus supplement furnished on behalf of First Union Securities, Inc. under the caption "Underwriting" in the prospectus supplement[insert name of Underwriter]: . If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to the Company one of the counterparts hereof, whereupon it will become a binding agreement between the Company and the several Underwriters in accordance with its terms. Very truly yours, COSTCO WHOLESALE TRANSWITCH CORPORATION By: Name: Title: By The foregoing Terms Agreement is hereby confirmed and accepted as of the date first above written BANC OF AMERICA SECURITIES LLC CREDIT SUISSE FIRST BOSTON CORPORATION Acting on behalf of themselves and as the Representatives of the several Underwriterswritten. By: BANC OF AMERICA SECURITIES LLC By: $ __________________________________________________ TitleTotal $ To: SCHEDULE The [Representative[s] of the] Underwriters identified herein Dear Sirs: The undersigned agrees to sell to the several Underwriters named in Schedule A Principal Underwriter Amount Banc hereto for their respective accounts, on and subject to the terms and conditions of America Securities LLC............................... $105,000,000 Credit Suisse First Boston Corporation....................... $105,000,000 ABN AMRO Incorporated........................................ $ 12,000,000 Banc One Capital Marketsthe Underwriting Agreement filed as an exhibit to the Company’s registration statement on Form S-3 (No. 333- ) (“Underwriting Agreement”), Inc............................... $ 12,000,000 First Union the following securities (“Offered Securities, Inc................................. $ 12,000,000 Fleet Securities, Inc....................................... $ 12,000,000 Tokyo-Mitsubishi International plc.......................... $ 12,000,000 U.S. Bancorp ▇▇▇▇▇ ▇▇▇▇▇▇▇ Inc.............................. $ 12,000,000 ▇▇▇▇▇ Fargo Brokerage Services, LLC......................... $ 12,000,000 ▇. ▇. ▇▇▇▇ & Company........................................ $ 6,000,000 ------------ Total.............................................. $300,000,000 ============ EXHIBIT A COSTCO WHOLESALE CORPORATION Debt Securities UNDERWRITING AGREEMENT”) on the following terms:

Appears in 1 contract

Sources: Underwriting Agreement (Transwitch Corp /De)

Settlement and Trading. Book-Entry Only via The Depository Trust CompanyDTC. Names of Securities will trade in DTC's Same Day Funds Settlement System. BLACKOUT: Through the Representatives: Banc of America Securities LLC and Credit Suisse First Boston CorporationClosing Date. The respective principal amounts of the Offered Securities to be purchased by each of the Underwriters are set forth opposite their names in Schedule A hereto. The provisions of the Underwriting Agreement are incorporated herein by reference. The Offered Securities will be made available for checking and packaging at the office of Credit Suisse First Boston Corporation the Representative at least 24 hours prior to the Closing Date. For purposes of Section 6 of the Underwriting Agreement, the only information furnished to the Company by any Underwriter for use in the Prospectus consists of (i) the seventh following information in the Prospectus furnished on behalf of each Underwriter: the last paragraph and at the bottom of the prospectus supplement cover page concerning the terms of the offering by the Underwriters, the legend stabilizing on the inside front cover page of the prospectus supplement and, the concession and reallowance figures appearing in the third paragraph under the caption "Underwriting" in the prospectus supplement, supplement and (ii) the information contained in the ninth paragraph furnished on behalf of First Union Securities, Inc. paragraphs under the caption "Underwriting" in the prospectus supplement. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to the Company one of the counterparts hereof, whereupon it will become a binding agreement between the Company and the several Underwriters in accordance with its terms. Very truly yours, COSTCO WHOLESALE CORPORATION AMERICAN FINANCIAL GROUP, INC. By: Name: Title: /s/ Jame▇ ▇. ▇▇▇▇▇ ------------------------- Jame▇ ▇. ▇▇▇▇▇ Senior Vice President The foregoing Terms Agreement is hereby confirmed and accepted as of the date first above written BANC OF AMERICA SECURITIES LLC written. CREDIT SUISSE FIRST BOSTON CORPORATION Acting on behalf of themselves and as the Representatives of the several Underwriters. By: BANC OF AMERICA SECURITIES LLC By: ________________________________ Title: SCHEDULE A Principal Underwriter Amount Banc of America Securities LLC............................... $105,000,000 Credit Suisse First Boston Corporation....................... $105,000,000 ABN AMRO Incorporated........................................ $ 12,000,000 Banc One Capital Markets, Inc............................... $ 12,000,000 First Union Securities, Inc................................. $ 12,000,000 Fleet Securities, Inc....................................... $ 12,000,000 Tokyo-Mitsubishi International plc.......................... $ 12,000,000 U.S. Bancorp /s/ Jose▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Inc.............................. $ 12,000,000 -------------------------- Jose▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Fargo Brokerage ServicesVice President [Acting on behalf of itself and as the Representative of the several Underwriters.] SCHEDULE A UNDERWRITER PRINCIPAL AMOUNT ----------- ---------------- Credit Suisse First Boston Corporation $33,400,000 Bear, LLC......................... $ 12,000,000 ▇. ▇. ▇Stea▇▇▇ & ▇o. Inc. $33,300,000 Dona▇▇▇▇▇, ▇▇fkin & Securities Corp. $33,300,000 Total.................... $100,000,000 SCHEDULE B Optional Redemption The Senior Debentures will be subject to redemption at the option of the Company........................................ $ 6,000,000 ------------ Total.............................................. $300,000,000 ============ EXHIBIT A COSTCO WHOLESALE CORPORATION Debt Securities UNDERWRITING AGREEMENT, in whole or in part, upon not less than 30 nor more than 60 days' notice, at a redemption price equal to the sum of (i) the principal amount of the Senior Debentures being redeemed plus accrued interest thereon to the redemption date, and (ii) the Make-Whole Amount (as defined below), if any, with respect to such Senior Debentures.

Appears in 1 contract

Sources: Underwriting Agreement (American Financial Group Inc)

Settlement and Trading. Book-Entry Only via The Depository Trust CompanyDTC. Names of the Representatives: Name Address Credit Suisse Securities (USA) LLC ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. Incorporated ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Banc of America Securities LLC and Credit Suisse First Boston Corporation. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇-▇▇▇-▇▇-▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: High Grade Transaction Management/Legal Citigroup Global Markets Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: General Counsel The respective principal amounts amount of the Offered Securities to be purchased by each of the Underwriters are is set forth opposite their names in Schedule A hereto. The provisions of the Underwriting Agreement are incorporated herein by referencereference in their entirety and shall be deemed to be a part hereof to the same extent as if such provisions had been set forth in full herein. The Offered Securities will be made available for checking and packaging at the office of Credit Suisse First Boston Corporation ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ at least 24 hours prior to the Closing DateClosing. For purposes of Section 6 Sections 1 and 7 of the Underwriting Agreement, the only information furnished to the Company by any Underwriter for use in the Registration Statement, any Statutory Prospectus, the Prospectus, or any Issuer Free Writing Prospectus consists of the following information in each of the Statutory Prospectus and the Prospectus furnished on behalf of each Underwriter: (i) the seventh paragraph names of the Underwriters contained on the front and back covers of the concession prospectus supplement and reallowance figures appearing in the third table set out in the first paragraph under the caption "Underwriting" in the prospectus supplement, and (ii) the sentence on the cover of the prospectus supplement beginning with the phrase “The underwriters expect to deliver the notes in book-entry form,” and (iii) the information contained in the ninth paragraph furnished on behalf of First Union Securities, Inc. third and seventh paragraphs under the caption "Underwriting" in the prospectus supplement. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to the Company one of the counterparts hereof, whereupon it will become a binding agreement between the Company and the several Underwriters in accordance with its terms. Very truly yoursBottling Group, COSTCO WHOLESALE CORPORATION By: LLC By /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director — Delegatee The foregoing Terms Agreement is hereby confirmed and accepted as of the date first above written BANC OF AMERICA SECURITIES written. Credit Suisse Securities (USA) LLC CREDIT SUISSE FIRST BOSTON CORPORATION ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. Incorporated Banc of America Securities LLC Citigroup Global Markets Inc., Acting on behalf of themselves and as the Representatives of the several Underwriters. By: BANC OF AMERICA SECURITIES LLC By: ________________________________ Title: SCHEDULE A Principal Underwriter Amount Banc of America Securities LLC............................... $105,000,000 By Credit Suisse First Boston Corporation....................... $105,000,000 ABN AMRO Incorporated........................................ $ 12,000,000 Banc One Capital Markets, Inc............................... $ 12,000,000 First Union Securities, Inc................................. $ 12,000,000 Fleet Securities, Inc....................................... $ 12,000,000 Tokyo-Mitsubishi International plc.......................... $ 12,000,000 U.S. Bancorp Securities (USA) LLC By /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Inc.............................. $ 12,000,000 Name: ▇▇▇▇▇▇ Fargo Brokerage Services, LLC......................... ▇▇▇▇▇▇▇ Title: Director Credit Suisse Securities (USA) LLC $ 12,000,000 172,500,000 . ▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. Incorporated $ 150,000,000 Banc of America Securities LLC $ 120,000,000 Citigroup Global Markets Inc. $ 120,000,000 Deutsche Bank Securities Inc. $ 60,000,000 HSBC Securities (USA) Inc. $ 60,000,000 ▇.▇. ▇▇▇▇▇& Securities Inc. $ 60,000,000 The ▇▇▇▇▇▇▇▇ Capital Group, L.P. $ 7,500,000 Total $ 750,000,000 Bottling Group, LLC, a Delaware limited liability company (the “Company........................................ $ 6,000,000 ------------ Total.............................................. $300,000,000 ============ EXHIBIT A COSTCO WHOLESALE CORPORATION Debt ”), proposes to issue and sell from time to time certain of its unsecured debt securities registered under the registration statement referred to in Section 1(a) (the “Registered Securities”). The Registered Securities UNDERWRITING AGREEMENTwill be issued under an indenture (the “Indenture”), entered into between the Company and The Bank of New York Mellon, as successor trustee (the “Trustee”) to JPMorgan Chase Bank, N.A., in one or more series, which series may vary as to interest rates, maturities, redemption provisions, selling prices and other terms, with all such terms for any particular series of the Registered Securities being determined at the time of sale. Particular series of the Registered Securities will be sold pursuant to a Terms Agreement referred to in Section 2, for resale in accordance with terms of offering determined at the time of sale. The Registered Securities involved in any such offering are hereinafter referred to as the “Offered Securities”. The firm or firms which agree to purchase the Offered Securities are hereinafter referred to as the “Underwriters” of such securities, and the representative or representatives of the Underwriters, if any, specified in a Terms Agreement referred to in Section 2 are hereinafter referred to as the “Representatives”; provided, however, that if the Terms Agreement does not specify any representative of the Underwriters, the term “Representatives”, as used in this Agreement (other than in Sections 1(b), 6(c) and 7 and the second sentence of Section 2), shall mean the Underwriters.

Appears in 1 contract

Sources: Terms Agreement (Bottling Group LLC)