Common use of Substitution of Underwriters Clause in Contracts

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 6 contracts

Samples: Underwriting Agreement (Healthcare Realty Trust Inc), Reinsurance Group of America Inc, Sun Hydraulics Inc

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Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Notes which it has agreed to purchase hereunder, you the Representatives may in your their discretion arrange for you another Underwriter or another party or other parties to purchase such Shares Notes on the terms contained herein. If within thirty-six hours after such default by any Underwriter you the Representatives do not arrange for the purchase of such SharesNotes, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you the Representatives to purchase such Shares Notes on such terms. In the event that, within the respective prescribed periods, you the Representatives notify the Company that you they have so arranged for the purchase of such SharesNotes, or the Company notifies you the Representatives that it has so arranged for the purchase of such SharesNotes, you the Representatives or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your the opinion of the Representatives may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such SharesNotes.

Appears in 5 contracts

Samples: Underwriting Agreement (Healthcare Realty Trust Inc), Underwriting Agreement (Healthcare Realty Trust Inc), Underwriting Agreement (Healthcare Realty Trust Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has they have so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 3 contracts

Samples: Underwriting Agreement (Eagle Hospitality Properties Trust, Inc.), Underwriting Agreement (Innkeepers Usa Trust/Fl), Underwriting Agreement (Innkeepers Usa Trust/Fl)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Shareholders shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Shareholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Shareholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Shareholders shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 2 contracts

Samples: Advanced Communication Systems Inc, Epiq Systems Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you the Representatives may in your their discretion arrange for you another Underwriter or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you the Representatives do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you the Representatives to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you the Representatives notify the Company that you they have so arranged for the purchase of such Shares, or the Company notifies you the Representatives that it has so arranged for the purchase of such Shares, you the Representatives or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your the opinion of the Representatives may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Healthcare Realty Trust Inc), Underwriting Agreement (Healthcare Realty Trust Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six (36) hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Shareholders shall be entitled to a further period of thirty-six (36) hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Shareholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Shareholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Shareholders shall have the right to postpone the Closing Date for a period of not more than seven (7) days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Valley National Gases Inc), Travis International Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six (36) hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Shareholders shall be entitled to a further period of thirty-six (36) hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Shareholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Shareholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Shareholders shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Hooper Holmes Inc), Electronic Processing Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunderhereunder at a Time of Delivery, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein; provided, however, that in the case of the substitution of another party for one of the Representatives, you will arrange for such substitution in good faith, after consultation with the Company. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date such Time of Delivery for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to use reasonable commercial efforts to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.amendments

Appears in 2 contracts

Samples: Reliant Resources Inc, Reliant Resources Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Notes which it has agreed to purchase hereunder, you the Representatives may in your their discretion arrange for you another Underwriter or another party or other parties to purchase such Shares Notes on the terms contained herein. If within thirty-six thirty‑six hours after such default by any Underwriter you the Representatives do not arrange for the purchase of such SharesNotes, then the Company shall be entitled to a further period of thirty-six thirty‑six hours within which to procure another party or parties reasonably satisfactory to you the Representatives to purchase such Shares Notes on such terms. In the event that, within the respective prescribed periods, you the Representatives notify the Company that you they have so arranged for the purchase of such SharesNotes, or the Company notifies you the Representatives that it has so arranged for the purchase of such SharesNotes, you the Representatives or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your the opinion of the Representatives may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such SharesNotes.

Appears in 2 contracts

Samples: Underwriting Agreement (Healthcare Realty Trust Inc), Underwriting Agreement (Healthcare Realty Trust Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Units which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares Units on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such SharesUnits, then the Company Partnership shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares Units on such terms. In the event that, within the respective prescribed periods, you notify the Company Partnership that you have so arranged for the purchase of such SharesUnits, or the Company Partnership notifies you that it has so arranged for the purchase of such SharesUnits, you or the Company Partnership shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Partnership agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "UnderwriterUNDERWRITER" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such SharesUnits.

Appears in 2 contracts

Samples: Underwriting Agreement (Markwest Energy Partners L P), Markwest Energy Partners L P

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has they have so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Callon Petroleum Co), Acorn Products Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six 36 hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six 36 hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 2 contracts

Samples: MSC Software Corp, MSC Software Corp

Substitution of Underwriters. (a) If any Underwriter under this Agreement shall default fail or refuse (whether for some reason sufficient to justify, in accordance with the terms hereof, the termination of its obligation obligations to purchase or otherwise) to purchase the Shares which it has agreed to purchase hereunderpurchase, you may in your discretion arrange for you or another the Company shall immediately notify the remaining Underwriters and the remaining Underwriters may, within 24 hours of receipt of such notice, procure some other responsible party or other parties satisfactory to the Company, who may include one or more of the remaining Underwriters, to purchase or agree to purchase such Shares on the terms contained herein. If herein set forth; and, if the remaining Underwriters shall fail to procure a satisfactory party or parties to purchase or agree to purchase such Shares on such terms within thirty-six hours such period after such default by any Underwriter you do not arrange for the purchase receipt of such Sharesnotice, then the Company shall be entitled to a further an additional period of thirty-six 24 hours within which to procure another party or parties reasonably satisfactory to you purchase or agree to purchase such Shares on such termsthe terms herein set forth. In any such case, either the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has so arranged for the purchase of such Shares, you remaining Underwriters or the Company shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven daysto exceed five business days from the date set forth in Section 4 hereof, in order that the necessary changes to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in Prospectus and any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion arrangements may thereby be made necessaryeffected. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Energy Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Shareholders shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Shareholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Shareholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Shareholders shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Hennessy Advisors Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Shareholders shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Shareholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Shareholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Shareholders shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (World of Science Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or r other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-thirty- six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Underwriting Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.16

Appears in 1 contract

Samples: Southern Electronics Corp

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Units which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares Units on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such SharesUnits, then the Company Partnership shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares Units on such terms. In the event that, within the respective prescribed periods, you notify the Company Partnership that you have so arranged for the purchase of such SharesUnits, or the Company Partnership notifies you that it has so arranged for the purchase of such SharesUnits, you or the Company Partnership shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Partnership agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Star Gas Partners Lp

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has they have so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement Statement, the Prospectus or the Time of Sale Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement Statement, the Prospectus or the Time of Sale Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Cardica Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Units which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares Units on the terms contained herein. If within thirty-thirty- six hours after such default by any Underwriter you do not arrange for the purchase of such SharesUnits, then the Company Partnership shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares Units on such terms. In the event that, within the respective prescribed periods, you notify the Company Partnership that you have so arranged for the purchase of such SharesUnits, or the Company Partnership notifies you that it has so arranged for the purchase of such SharesUnits, you or the Company Partnership shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Partnership agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "UnderwriterUNDERWRITER" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such SharesUnits.

Appears in 1 contract

Samples: Underwriting Agreement (Inergy L P)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, 20 you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has they have so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Dealer Agreement (Execustay Corp)

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Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six 36 hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six 36 hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Microsemi Corp)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has they have so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Eagle Hospitality Properties Trust, Inc.)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Units which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares Units on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such SharesUnits, then the Company Partnership shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares Units on such terms. In the event that, within the respective prescribed periods, you notify the Company Partnership that you have so arranged for the purchase of such SharesUnits, or the Company Partnership notifies you that it has so arranged for the purchase of such SharesUnits, you or the Company Partnership shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Partnership agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such SharesUnits.

Appears in 1 contract

Samples: Crosstex Energy Lp

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Stockholders shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Stockholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Stockholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Stockholders shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Crosstex Energy Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies notify you that it has they have so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "UnderwriterUNDERWRITER" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Mission West Properties Inc)

Substitution of Underwriters. (a) If any Underwriter under this Agreement shall default fail or refuse (whether for some reason sufficient to justify, in accordance with the terms hereof, the termination of its obligation obligations to purchase or otherwise) to purchase the Shares which it has agreed to purchase hereunderpurchase, you may in your discretion arrange for you or another the Corporation shall immediately notify the remaining Underwriters and the remaining Underwriters may, within 24 hours of receipt of such notice, procure some other responsible party or other parties satisfactory to the Corporation, who may include one or more of the remaining Underwriters, to purchase or agree to purchase such Shares on the terms contained herein. If herein set forth; and, if the remaining Underwriters shall fail to procure a satisfactory party or parties to purchase or agree to purchase such Shares on such terms within thirty-six hours such period after such default by any Underwriter you do not arrange for the purchase receipt of such Sharesnotice, then the Company Corporation shall be entitled to a further an additional period of thirty-six 24 hours within which to procure another party or parties reasonably satisfactory to you purchase or agree to purchase such Shares on such termsthe terms herein set forth. In any such case, either the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, remaining Underwriters or the Company notifies you that it has so arranged for the purchase of such Shares, you or the Company Corporation shall have the right to postpone the Closing Date Time of Delivery for a period of not more than seven daysto exceed five business days from the date set forth in Section 5 hereof, in order that the necessary changes to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in Prospectus and any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion arrangements may thereby be made necessaryeffected. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Duke Energy Capital Trust V)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Designated Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Designated Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Designated Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Designated Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Designated Shares, or the Company notifies you that it has so arranged for the purchase of such Designated Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this the applicable Pricing Agreement with respect to such Designated Shares.

Appears in 1 contract

Samples: Pricing Agreement (Boykin Lodging Co)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-thirty six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Stockholders shall be entitled to a further period of thirty-thirty six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Stockholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Stockholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Stockholders shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Catalyst Semiconductor Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Units which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares Units on the terms contained herein. If within thirty-six hours after such default by any Underwriter Underwriter, you do not arrange for the purchase of such SharesUnits, then the Company Partnership shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares Units on such terms. In the event that, within the respective prescribed periods, you notify the Company Partnership that you have so arranged for the purchase of such SharesUnits, or the Company Partnership notifies you that it has so arranged for the purchase of such SharesUnits, you or the Company Partnership shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Partnership agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 11 with like effect as if such person had originally been a party to this Agreement with respect to such SharesUnits.

Appears in 1 contract

Samples: Underwriting Agreement (Inergy L P)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Shares, or the Company notifies shall notify you that it has they have so arranged for the purchase of such Shares, you or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.

Appears in 1 contract

Samples: Gold Banc Corp Inc

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Shares, then the Company and the Selling Shareholders shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares on such terms. In the event that, within the respective prescribed periods, you notify the Company and the Selling Shareholders that you have so arranged for the purchase of such Shares, or the Company notifies and the Selling Shareholders notify you that it has they have so arranged for the purchase of such Shares, you or the Company and the Selling Shareholders shall have the right to postpone the Closing Date for a period of not more than seven daysday, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such Shares.term

Appears in 1 contract

Samples: Underwriting Agreement (First Years Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Stock which it has agreed to purchase hereunderhereunder on the Closing Date, you the Representative may in your its discretion arrange for you it or another party or other parties to purchase such Shares Stock on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do the Representative does not arrange for the purchase of such SharesStock, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties reasonably satisfactory to you the Representative to purchase such Shares Stock on such terms. In the event that, within the respective prescribed periods, you notify the Representative notifies the Company that you have so arranged for the purchase of such Shares, or the Company notifies you that it has so arranged for the purchase of such SharesStock, you or the Company notifies the Representative that it has so arranged for the purchase of such Stock, the Representative or the Company shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus which in your the opinion of the Representative may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons person substituted under this Section 9 with like effect as if such person had originally been a party to this Agreement with respect to such SharesStock.

Appears in 1 contract

Samples: Underwriting Agreement (Mindspeed Technologies, Inc)

Substitution of Underwriters. (a) If any Underwriter shall default in its obligation to purchase the Shares Units which it has agreed to purchase hereunder, you may in your discretion arrange for you or another party or other parties to purchase such Shares Units on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such SharesUnits, then the Company Partnership shall be entitled to a further period of thirty-six hours within which to procure another party or parties reasonably satisfactory to you to purchase such Shares Units on such terms. In the event that, within the respective prescribed periods, you notify the Company Partnership that you have so arranged for the purchase of such SharesUnits, or the Company Partnership notifies you that it has they have so arranged for the purchase of such SharesUnits, you or the Company Partnership shall have the right to postpone the Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any other documents or arrangements, and the Company Partnership agrees to file promptly any amendments to the Registration Statement or the Prospectus which in your opinion may thereby be made necessary. The term "Underwriter" as used in this Agreement shall include any persons substituted under this Section 9 11 with like effect as if such person had originally been a party to this Agreement with respect to such SharesUnits.

Appears in 1 contract

Samples: Markwest Energy Partners L P

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