Common use of Suspension of Solicitation; Amendment or Supplement Clause in Contracts

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company may suspend solicitation of purchases at any time and, upon receipt of at least one Business Day's prior notice from the Company, the Agents will each forthwith suspend solicitation until such time as the Company has advised them that solicitation of purchases may be resumed. If the Agents receive the notice from the Company contemplated by Section 4(b) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Company decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent and will furnish each Agent with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company will promptly file such amendment or supplement; provide the Agents with copies of any such amendment or supplement; confirm to the Agents that such amendment or supplement has been filed with the Commission; and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the Company's obligations under the Agency Agreement; and in the event that at the time the Company suspends solicitation of purchases there shall be any offers already accepted by the Company outstanding for settlement, the Company will have the sole responsibility for fulfilling such obligations. The Company will in addition promptly advise the Agents and the Bank if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 3 contracts

Samples: Purchase Agreement (Constellation Energy Group Inc), Purchase Agreement (Baltimore Gas & Electric Co), Purchase Agreement (Baltimore Gas & Electric Co)

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Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Distribution Agreement, the Company Issuer may instruct the Agent to suspend solicitation of purchases offers to purchase at any time andtime, and upon receipt of at least one Business Day's ’s prior notice from the CompanyIssuer, the Agents Agent will each forthwith suspend solicitation until such time as the Company Issuer has advised them it that solicitation of purchases offers to purchase may be resumed. If the Agents receive Agent receives the notice from the Company Issuer contemplated by Section 4(b3(c) or 4(c) of the Agency Distribution Agreement, they it will promptly suspend solicitation and will only resume solicitation as provided in the Agency Distribution Agreement. If the Company Issuer is required, pursuant to Section 4(c) of the Distribution Agreement, to prepare an amendment or supplement, it will promptly furnish the Agent with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each the Agent and will furnish each the Agent with the proposed amendment or supplement in accordance with the terms of the Agency Distribution Agreement. The Company Issuer will promptly file such amendment or supplement; supplement with the Commission, provide the Agents Agent with copies of any such amendment or supplement; , confirm to the Agents Agent that such amendment or supplement has been filed with the Commission; Commission and advise the Agents Agent that solicitation may be resumed. Any such suspension shall not affect the Company's Issuer’s obligations under the Agency Distribution Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents Agent and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 3 contracts

Samples: Terms Agreement (Credit Suisse / /Fi), Terms Agreement (Credit Suisse (Usa) Inc), Distribution Agreement (Credit Suisse First Boston Usa Inc)

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Distribution Agreement, the Company Issuer may instruct the Agent to suspend solicitation of purchases offers to purchase at any time andtime, and upon receipt of at least one Business Day's prior notice from the CompanyIssuer, the Agents Agent will each forthwith suspend solicitation until such time as the Company Issuer has advised them it that solicitation of purchases offers to purchase may be resumed. If the Agents receive Agent receives the notice from the Company Issuer contemplated by Section 4(b3(c) or 4(c) of the Agency Distribution Agreement, they it will promptly suspend solicitation and will only resume solicitation as provided in the Agency Distribution Agreement. If the Company Issuer is required, pursuant to Section 4(c) of the Distribution Agreement, to prepare an amendment or supplement, it will promptly furnish the Agent with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each the Agent and will furnish each the Agent with the proposed amendment or supplement in accordance with the terms of the Agency Distribution Agreement. The Company Issuer will promptly file such amendment or supplement; supplement with the Commission, provide the Agents Agent with copies of any such amendment or supplement; , confirm to the Agents Agent that such amendment or supplement has been filed with the Commission; Commission and advise the Agents Agent that solicitation may be resumed. Any such suspension shall not affect the CompanyIssuer's obligations under the Agency Distribution Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents Agent and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 2 contracts

Samples: Terms Agreement (Credit Suisse Group), Credit Suisse First Boston Usa Inc

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Distribution Agreement, the Company Issuer may instruct the Agents to suspend solicitation of purchases offers to purchase at any time andtime, and upon receipt of at least one Business Day's prior notice from the CompanyIssuer, the Agents will each forthwith suspend solicitation until such time as the Company Issuer has advised them it that solicitation of purchases offers to purchase may be resumed. If the Agents receive the notice from the Company Issuer contemplated by the second paragraph of Section 4(b2(b) or by 3(c) of the Agency Distribution Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Distribution Agreement. If the Company Issuer is required, pursuant to Section 3(c) of the Distribution Agreement, to prepare an amendment or supplement, it will promptly furnish each Agent with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent and will furnish each Agent with the proposed amendment or supplement in accordance with the terms of the Agency Distribution Agreement. The Company Issuer will promptly file such amendment or supplement; supplement with the Commission, provide the Agents and the Trustee with copies of any such amendment or supplement; , confirm to the Agents that such amendment or supplement has been filed with the Commission; Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the CompanyIssuer's obligations under the Agency Distribution Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 2 contracts

Samples: Purchase Agreement (Sierra Pacific Power Co), Sierra Pacific Power Co

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company Issuer may instruct the Agents to suspend solicitation of purchases offers to purchase at any time andtime. As soon as reasonably practicable, upon receipt of at least but in no event later than one Business Day's prior Day after notice from the CompanyIssuer, the Agents will each forthwith suspend solicitation until such time as the Company Issuer has advised them that solicitation of purchases offers to purchase may be resumed. If the Agents receive the notice from the Company Issuer contemplated by Section 3(b) or 4(b) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Company Issuer is required, pursuant to the second sentence of Section 4(b) of the Agency Agreement, to prepare an amendment or supplement, it will promptly furnish each Agent with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement Statements or the Prospectus relating to the Notes, it will promptly advise each Agent and will furnish each Agent with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company Issuer will promptly file such amendment or supplement; supplement with the Commission, provide the Agents with copies of any such amendment or supplement; , confirm to the Agents that such amendment or supplement has been filed with the Commission; Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the CompanyIssuer's obligations under the Agency Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 2 contracts

Samples: Settlement Procedure (Piedmont Natural Gas Co Inc), Piedmont Natural Gas Co Inc

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Distribution Agreement, the Company Issuer may instruct the Distributors to suspend solicitation of purchases offers to purchase at any time andtime, and upon receipt of at least one Business Day's prior notice from the CompanyIssuer, the Agents Distributors will each forthwith suspend solicitation until such time as the Company Issuer has advised them that solicitation of purchases offers to purchase may be resumed. If the Agents Distributors receive the notice from the Company Issuer contemplated by Section 3(b) or 4(b) of the Agency Distribution Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Distribution Agreement. If the Company Issuer is required, pursuant to Section 4(b) of the Distribution Agreement, to prepare an amendment or supplement, it will promptly furnish each Distributor with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent Distributor and will furnish each Agent Distributor with the proposed amendment or supplement in accordance with the terms of the Agency Distribution Agreement. The Company Issuer will promptly file such amendment or supplement; supplement with the Commission, provide the Agents Distributors with copies of any such amendment or supplement; , confirm to the Agents Distributors that such amendment or supplement has been filed with the Commission; Commission and advise the Agents Distributors that solicitation may be resumed. Any such suspension shall not affect the CompanyIssuer's obligations under the Agency Distribution Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents Distributors and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 1 contract

Samples: Distribution Agreement (Pepsiamericas Inc/Il/)

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Distribution Agreement, the Company Issuer may instruct the Agents to suspend the solicitation of purchases offers to purchase at any time andtime, and upon receipt of at least one Business Day's ’s prior notice from the CompanyIssuer, the Agents will each forthwith suspend solicitation until such time as the Company Issuer has advised them it that solicitation of purchases offers to purchase may be resumed. If the Agents receive the notice from the Company Issuer contemplated by Section 4(b3(c) or 4(c) of the Agency Distribution Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Distribution Agreement. If the Company Issuer is required, pursuant to Section 4(c) of the Distribution Agreement, to prepare an amendment or supplement, it will promptly furnish the Agents with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement registration statement or the Prospectus relating to the Notes, it will promptly advise each Agent the Agents and will furnish each Agent with afford the Agents a reasonable opportunity to comment on any such proposed amendment or supplement in accordance with the terms of the Agency Distribution Agreement. The Company Issuer will promptly file such amendment or supplement; provide supplement with the Agents with copies of any such amendment or supplement; Commission, confirm to the Agents that such amendment or supplement has been filed with the Commission; Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the Company's Issuer’s obligations under the Agency Distribution Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 1 contract

Samples: Distribution Agreement (Ugi Utilities Inc)

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company Issuer may suspend solicitation of purchases purchase at any time time, and, upon receipt of at least one Business Day's prior notice from the Issuer or the Company, the Agents will each forthwith as promptly as practicable, but in no event later than one Business Day following such notice, suspend solicitation until such time as the Company Issuer has advised them that solicitation of purchases may be resumed. If the Agents receive the notice from the Issuer or the Company contemplated by Section 4(b4(d) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Issuer or the Company decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent the Agents and will furnish each Agent the Agents with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company Issuer will promptly file or mail to the Commission for filing such amendment or supplement; , provide the Agents with copies of any such amendment or supplement; , confirm to the Agents that such amendment or supplement has been filed with the Commission; 33 73 Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the CompanyIssuer's obligations under the Agency Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations; the Agents will make reasonable efforts to assist the Issuer to fulfill such obligations, but the Agents will not be obligated to fulfill such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 1 contract

Samples: Distribution Agreement (Summit Properties Partnership L P)

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Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company Issuer may suspend solicitation of purchases purchase at any time time, and, upon receipt of at least one Business Day's prior notice from the CompanyIssuer, the Agents will each forthwith as promptly as practicable, but in no event later than one Business Day following such notice, suspend solicitation until such time as the Company Issuer has advised them that solicitation of purchases may be resumed. If the Agents receive the notice from the Company Issuer contemplated by Section 4(b) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Company Issuer decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent the Agents and will furnish each Agent the Agents with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company Issuer will promptly file or mail to the Commission for filing such amendment or supplement; , provide the Agents with copies of any such amendment or supplement; , confirm to the Agents that such amendment or supplement has been filed with the Commission; Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the Company's Issuer’s obligations under the Agency Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations; the Agents will make reasonable efforts to assist the Issuer to fulfill such obligations, but the Agents will not be obligated to fulfill such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 1 contract

Samples: Distribution Agreement (Avalonbay Communities Inc)

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company Issuer may instruct the Agents to suspend solicitation of purchases offers to purchase at any time andtime. As soon as reasonably practicable, upon receipt of at least but in no event later than one Business Day's prior Day after notice from the CompanyIssuer, the Agents will each forthwith suspend solicitation until such time as the Company Issuer has advised them that solicitation of purchases offers to purchase may be resumed. If the Agents receive the notice from the Company Issuer contemplated by Section 3(b) or 4(b) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Company Issuer is required, pursuant to the second sentence of Section 4(b) of the Agency Agreement, to prepare an amendment or supplement, it will promptly furnish each Agent with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement Statements or the Prospectus relating to the Notes, it will promptly advise each Agent and will furnish each Agent with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company Issuer will promptly file such amendment or supplement; supplement with the Commission, provide the Agents with copies of any such amendment or supplement; , confirm to the Agents that such amendment or supplement has been filed with the Commission; Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the Company's Issuer’s obligations under the Agency Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 1 contract

Samples: Agency Agreement (Piedmont Natural Gas Co Inc)

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company Issuer may instruct the Agents to suspend solicitation of purchases offers to purchase at any time andtime, and upon receipt of at least one Business Day's prior notice from the CompanyIssuer, the Agents will each forthwith suspend solicitation until such time as the Company Issuer has advised them that solicitation of purchases offers to purchase may be resumed. If the Agents receive the notice from the Company Issuer contemplated by Section 4(b) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Company Issuer is required, pursuant to the last sentence of Section 4(b) of the Agency Agreement, to prepare an amendment or supplement, it will promptly furnish each Agent with the proposed amendment or supplement; if the Issuer decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent and will furnish each Agent with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company Issuer will promptly file such amendment or supplement; supplement with the Commission, provide the Agents with copies of any such amendment or supplement; , confirm to the Agents that such amendment or supplement has been filed with the Commission; Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the CompanyIssuer's obligations under the Agency Agreement; and in the event that at the time the Company Issuer suspends solicitation of purchases offers to purchase there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect affect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 1 contract

Samples: Boise Cascade Corp

Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company Issuer may suspend solicitation of purchases purchase at any time time, and, upon receipt of at least one Business Day's prior notice from the Issuer or the Company, the Agents will each forthwith as promptly as practicable, but in no event later than one Business Day following such notice, suspend solicitation until such time as the Company Issuer has advised them that solicitation of purchases may be resumed. If the Agents receive the notice from the Issuer or the Company contemplated by Section 4(b4(d) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Issuer or the Company decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent the Agents and will furnish each Agent the Agents with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company Issuer will promptly file or mail to the Commission for filing such amendment or supplement; , provide the Agents with copies of any such amendment or supplement; , confirm to the Agents that such amendment or supplement has been filed with the Commission; Commission and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the CompanyIssuer's obligations under the Agency Agreement; and in the event that at the time the Issuer or the Company suspends solicitation of purchases there shall be any offers already accepted by the Company Issuer outstanding for settlement, the Company Issuer will have the sole responsibility for fulfilling such obligations; the Agents will make reasonable efforts to assist the Issuer to fulfill such obligations, but the Agents will not be obligated to fulfill such obligations. The Company Issuer will in addition promptly advise the Agents and the Bank Trustee if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.

Appears in 1 contract

Samples: Distribution Agreement (Summit Properties Partnership L P)

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