Common use of Underwriters and Representatives Clause in Contracts

Underwriters and Representatives. The term "Underwriters" as used -------------------------------- herein shall be deemed to mean the several firms named in Schedule II hereto and any underwriter substituted as provided in paragraph 6 hereof, and the term "Underwriter" shall be deemed to mean one of such Underwriters. The term "Representative" as used herein shall be deemed to mean the firms named in Schedule I hereto, collectively. If any firm named in Schedule I hereto is also named on Schedule II hereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm. The firms named in Schedule 1 hereto represent, jointly and severally, that they have been authorized by the Underwriters to execute this Underwriting Agreement (this "Agreement") on their behalf and to act for them as Representative in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. Any action under or in respect of this Agreement may be taken by either of the firms listed in Schedule I hereto as the Representative, and such action will be binding upon all the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Progress Energy Inc), Progress Energy Inc

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Underwriters and Representatives. The term "Underwriters" as used -------------------------------- herein in this Underwriting Agreement (the “Agreement”) shall be deemed to mean the firm or the several firms named in Schedule II hereto and any underwriter substituted as provided in paragraph 6 7 hereof, and the term "Underwriter" shall be deemed to mean any one of such Underwriters. The term "Representative" If the firm or firms listed as used herein shall be deemed to mean the firms named Representative(s) in Schedule I heretoII hereto (individually and collectively, collectively. If any the “Representative”) are the only firm named in Schedule I hereto is also named on Schedule II heretoor firms serving as underwriters, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firmfirm or firms. The firms named in Schedule 1 hereto represent, Each Representative represents jointly and severally, severally that they have been authorized by the Underwriters to execute this Underwriting Agreement (this "Agreement") on their behalf and to act for them as Representative in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. Any If more than one firm is named as Representative in Schedule II hereto, any action under or in respect of this Agreement may be taken by either such firms jointly as the Representative, or by one of the firms listed in Schedule I hereto as acting on behalf of the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Progress Energy Inc)

Underwriters and Representatives. The term "Underwriters" as used -------------------------------- herein shall be deemed to mean the several firms named in Schedule II hereto and any underwriter substituted as provided in paragraph 6 hereof, and the term "Underwriter" shall be deemed to mean one of such Underwriters. The term "Representative" as used herein shall be deemed to mean the firms named in Schedule I hereto, collectively. If any firm named in Schedule I hereto is also named on Schedule II hereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firm. The firms named in Schedule 1 I hereto represent, jointly and severally, that they have been authorized by the Underwriters to execute this Underwriting Agreement (this "Agreement") on their behalf and to act for them as Representative in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. Any action under or in respect of this Agreement may be taken by either of the firms listed in Schedule I hereto as the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Progress Energy Inc)

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Underwriters and Representatives. The term "Underwriters" as used -------------------------------- herein shall be deemed to mean the firm or corporation or the several firms or corporations named in Schedule II hereto and any underwriter substituted as provided in paragraph 6 hereof, and the term "Underwriter" shall be deemed to mean one of such Underwriters. The term "Representative" as used herein shall be deemed to mean the firm or firms named in Schedule I hereto, collectively. If any firm or firms named in Schedule I hereto is also named on Schedule II hereto, then the terms "Underwriters" and "Representative," as used herein, shall each be deemed to refer to such firmfirm or firms. The firm or firms named in Schedule 1 I hereto represent, jointly and severally, that they have been authorized by the Underwriters to execute this Underwriting Agreement (this "Agreement") on their behalf and to act for them as Representative in the manner herein provided. All obligations of the Underwriters hereunder are several and not joint. Any action under or in respect of this Agreement may be taken by either of the firm or firms (acting jointly), listed in Schedule I hereto as the Representative, and such action will be binding upon all the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Carolina Power & Light Co)

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