Defaulting Underwriter definition

Defaulting Underwriter has the meaning given to it in Section 18(2);
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Defaulting Underwriter shall have the meaning given to such term in Clause 5.4;
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Defaulting Underwriter has the meaning ascribed to such term in clause 5.5.
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Examples of Defaulting Underwriter in a sentence

  • Nothing contained herein shall relieve the Defaulting Underwriter from any and all liabilities to the Seller, the Company, NFI and the Performing Underwriters resulting from the default of the Defaulting Underwriter.

  • Nothing in this Section 10 and no action taken pursuant to this Section 10 shall relieve any Defaulting Underwriter from liability in respect of any default of such Underwriter under this Agreement.

  • Nothing contained herein shall relieve the Defaulting Underwriter from any and all liabilities to the Sponsor, the Depositor, NFI and the Performing Underwriters resulting from the default of such Defaulting Underwriter.

  • No action taken pursuant to this clause6 shall relieve any Defaulting Underwriter from liability in respect of its default.

  • If any of the Underwriters defaults in its obligations to purchase the Offered Certificates offered to it hereunder (such Underwriter, the "Defaulting Underwriter"), then the remaining Underwriters (the "Performing Underwriters") shall have the option, but not the obligation, to purchase all, but not less than all, of the Offered Certificates offered to the Defaulting Underwriter.

  • If any of the Underwriters defaults in its obligations to purchase the Underwritten Certificates offered to it hereunder (such Underwriter, the “Defaulting Underwriter”), then the remaining Underwriters (the “Performing Underwriters”) shall have the option, but not the obligation, to purchase all, but not less than all, of the Underwritten Certificates offered to the Defaulting Underwriter.

  • If any of the Underwriters defaults in its obligations to purchase the Offered Certificates offered to it hereunder (such Underwriter, the “Defaulting Underwriter”), then the remaining Underwriters (the “Performing Underwriters”) shall have the option, but not the obligation, to purchase all, but not less than all, of the Offered Certificates offered to the Defaulting Underwriter.

  • Nothing herein shall be deemed to relieve any Defaulting Underwriter from any liability it may have to the Contract Seller or any other Underwriter by reason of its failure to take up and pay for Offered Certificates as agreed to by such Defaulting Underwriter.

  • In the case of termination by the Representatives in accordance with the provisions of Section 10, the Company shall have no obligation to reimburse any Defaulting Underwriter for such Defaulting Underwriter’s reasonable out-of-pocket expenses pursuant to this Section 4(c); provided, however, that nothing in this Agreement shall affect the obligations of the Company to reimburse the stockholders party to the Registration Rights Agreement for “Registration Expenses” as defined above.

  • Nothing contained herein shall relieve the Defaulting Underwriter from any and all liabilities to the Company and the Performing Underwriters resulting from the default of the Defaulting Underwriter.


More Definitions of Defaulting Underwriter

Defaulting Underwriter has the meaning ascribed thereto in Section 13(b);
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Defaulting Underwriter has the meaning given to that term in section 7.2;
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Related to Defaulting Underwriter

  • Participating Underwriter means any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds.

  • Managing Underwriter means, with respect to any Underwritten Offering, the book-running lead manager of such Underwritten Offering.

  • Managing Underwriters means the investment banker or investment bankers and manager or managers that shall administer an underwritten offering.

  • Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to this Section 4.5(l), any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 4.5(a)(ii) or 4.5(a)(iv) prior to the date of such Holder’s forfeiture.

  • IPO Underwriter means each Person named as an underwriter in Schedule I to the IPO Underwriting Agreement who purchases Common Units pursuant thereto.

  • Demanding Holder shall have the meaning given in subsection 2.1.1.

  • Shelf Underwritten Offering shall have the meaning given in subsection 2.1.3.

  • Defaulting Investor means any Investor that has (a) failed to make a payment required to be made by it under the terms of this Agreement within one (1) Business Day of the day such payment is required to be made by such Investor thereunder, (b) notified the Administrative Agent in writing that it does not intend to make any payment required to be made by it under the terms of this Agreement within one (1) Business Day of the day such payment is required to be made by such Investor thereunder or (c) become the subject of an Event of Bankruptcy.

  • Company Underwriter has the meaning set forth in Section 4(a) of this Agreement.

  • Credit Underwriter means the independent contractor under contract with the Corporation having the responsibility for providing Credit Underwriting services.

  • Shelf Takedown means an Underwritten Shelf Takedown or any proposed transfer or sale using a Registration Statement, including a Piggyback Registration.

  • Underwritten Takedown means an underwritten public offering of Registrable Securities pursuant to the Resale Shelf Registration Statement, as amended or supplemented.

  • Demanding Holders shall have the meaning given in subsection 2.1.1.

  • Underwritten Shelf Takedown shall have the meaning given in subsection 2.3.3.

  • Piggyback Registration shall have the meaning given in subsection 2.2.1.

  • Approved Underwriter has the meaning set forth in Section 3(f) of this Agreement.

  • Piggy-Back Registration is defined in Section 2.2.1.

  • Initiating Holder has the meaning set forth in Section 2.01(a).

  • Underwritten Offering means a Registration in which securities of the Company are sold to an Underwriter in a firm commitment underwriting for distribution to the public.

  • Defaulting Partner shall have the meaning set forth in Section 9.1.

  • Initiating Holders means, collectively, Holders who properly initiate a registration request under this Agreement.

  • Underwriter means a securities dealer who purchases any Registrable Securities as principal in an Underwritten Offering and not as part of such dealer’s market-making activities.

  • Defaulting Purchaser means, subject to Section 2.11(c), any Purchaser that (a) has failed to (i) fund all or any portion of such Purchaser’s Pro Rata Share of any Payment Amount by the time such amount was required to be funded hereunder unless such Purchaser notifies the Administrative Agent and the Seller Representative in writing that such failure is the result of such Purchaser’s good faith determination that one or more of the conditions precedent to funding (specifically identified in writing and including the particular default if any) has not been satisfied, or (ii) pay to the Administrative Agent or any other Purchaser any other amount required to be paid by it hereunder within two Business Days of the date when such payment is due, (b) has notified the Seller Representative, any Seller, the Administrative Agent, or any Purchaser in writing that it does not intend to comply with its funding obligations hereunder, or has made a public statement to the effect that it does not intend to comply with any of its funding obligations under this Agreement (unless such writing or public statement indicates that such position is based on such Purchaser’s good faith determination that a condition precedent to funding (specifically identified and including the particular default, if any) cannot be satisfied) or generally under other agreements in which it commits to extend credit, (c) has failed, within three Business Days after written request by the Administrative Agent or the Seller Representative, to confirm in writing to the Administrative Agent and the Seller Representative that it will comply with its prospective funding obligations hereunder (provided that such Purchaser shall cease to be a Defaulting Purchaser pursuant to this clause (c) upon receipt of such written confirmation by the Administrative Agent and the Seller Representative) or (d) has, or has a direct or indirect parent company that has, (i) become the subject of an Insolvency Event; provided that a Purchaser shall not be a Defaulting Purchaser solely by virtue of the ownership or acquisition of any equity interest in that Purchaser or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide such Purchaser with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit such Purchaser (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with such Purchaser. Any determination by the Administrative Agent that a Purchaser is a Defaulting Purchaser under any one or more of clauses (a) through (d) above shall be conclusive and binding absent manifest error, and such Purchaser shall be deemed to be a Defaulting Purchaser (subject to Section 2.11(c)) upon delivery of written notice of such determination to the Seller Representative and each Purchaser.

  • Underwritten Offering Notice has the meaning set forth in Section 2(b).

  • Defaulting Shareholder has the meaning set out in clause 16.7;

  • Underwritten Shelf Take-Down has the meaning set forth in Section 2.4(b).