Common use of Substitution of Underwriters Clause in Contracts

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 51 contracts

Samples: Underwriting Agreement (Sunshine Heart, Inc.), Purchase Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Sunshine Heart, Inc.)

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Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I II hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I II hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 32 contracts

Samples: Purchase Agreement (Body Central Corp), Purchase Agreement (Fortegra Financial Corp), Purchase Agreement (BioHorizons, Inc.)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I heretoI, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 6 contracts

Samples: Purchase Agreement (Titan Machinery Inc.), Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares Securities agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares Securities in accordance with the terms hereof, and the amount of Firm Shares Securities not purchased does not aggregate more than 10% of the total amount of Firm Shares Securities set forth in Schedule I A hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I A hereto except as may otherwise be determined by you) the Firm Shares Securities that the withdrawing or defaulting Underwriter or Underwriters agreed but failed to purchase.

Appears in 6 contracts

Samples: Underwriting Agreement (Piedmont Natural Gas Co Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I II hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Duoyuan Printing, Inc.), Purchase Agreement (Novavax Inc), Alexion Pharmaceuticals Inc

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total aggregate amount of Firm Shares set forth in Schedule I hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto hereto, as applicable, except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Integra Lifesciences Holdings Corp, American Medical Systems Holdings Inc

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I IV hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I IV hereto except as may otherwise be determined by youthe Representative) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Yuma Energy, Inc.), Underwriting Agreement (Peregrine Pharmaceuticals Inc)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I A hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I A hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Optimer Pharmaceuticals Inc), Purchase Agreement (Marchex Inc)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares Securities agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares Securities in accordance with the terms hereof, and the amount of Firm Shares Securities not purchased does not aggregate more than 10% of the total amount of Firm Shares Securities set forth in Schedule I A hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I A hereto except as may otherwise be determined by you) the Firm Shares Securities that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Parker Hannifin Corp

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares Securities agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares Securities in accordance with the terms hereof, and the amount of Firm Shares Securities not purchased does not aggregate more than 10% of the total amount of Firm Shares Securities set forth in Schedule I hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by you) the Firm Shares Securities that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Promedco Management Co

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I II hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I II hereto except as may otherwise be determined by youthe Representative) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Purchase Agreement (AtriCure, Inc.)

Substitution of Underwriters. (a) If a)If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I II hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I II hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Purchase Agreement (Commtouch Software LTD)

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Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I II hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Purchase Agreement (Novoste Corp /Fl/)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares Securities agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares Securities in accordance with the terms hereof, and the amount of Firm Shares Securities not purchased does not aggregate more than 10% of the total amount of Firm Shares Securities set forth in Schedule I hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by you) the Firm Shares Securities that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Purchase Agreement (American Medical Systems Holdings Inc)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the principal amount of Firm Shares Securities agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares Securities in accordance with the terms hereof, and the principal amount of Firm Shares Securities not purchased does not aggregate more than 10l0% of the total principal amount of Firm Shares the Securities set forth in Schedule I heretothe Terms Agreement, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto the Terms Agreement, except as may otherwise be determined by you) the Firm Shares that Securities which the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: American Express Credit Corp

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total aggregate amount of Firm Shares set forth in Schedule I hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by you) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Purchase Agreement (Advanced Neuromodulation Systems Inc)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares Units agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares Units in accordance with the terms hereof, and the amount of Firm Shares Units not purchased does not aggregate more than 10% of the total amount of Firm Shares Units set forth in Schedule I heretoI, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by you) the Firm Shares Units that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: 2007 Warrant Agreement (Iggys House, Inc.)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the amount of Firm Shares agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares in accordance with the terms hereof, and the amount of Firm Shares not purchased does not aggregate more than 10% of the total amount of Firm Shares set forth in Schedule I hereto, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto except as may otherwise be determined by youthe Representative) the Firm Shares that the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)

Substitution of Underwriters. (a) If any Underwriter or Underwriters shall fail to take up and pay for the principal amount of Firm Shares Securities agreed by such Underwriter or Underwriters to be purchased hereunder, upon tender of such Firm Shares Securities in accordance with the terms hereof, and the principal amount of Firm Shares Securities not purchased does not aggregate more than 10% of the total principal amount of Firm Shares the Securities set forth in Schedule I heretothe Terms Agreement, the remaining Underwriters shall be obligated to take up and pay for (in proportion to their respective underwriting obligations hereunder as set forth in Schedule I hereto the Terms Agreement, except as may otherwise be determined by you) the Firm Shares that Securities which the withdrawing or defaulting Underwriters agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Ameriprise Financial Inc)

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