Common use of Conditions of Company's Obligations Clause in Contracts

Conditions of Company's Obligations. The obligation of the Company to deliver the Senior Notes upon payment therefor shall be subject to the following conditions: At the Closing Time, (a) the order of the Oklahoma Commission referred to in subparagraph (a)(xviii) of Section 1 hereof shall be in full force and effect substantially in the form in which originally entered and (b) no stop order suspending the effectiveness of the Registration Statement shall be in effect and no proceedings for that purpose or pursuant to Section 8A of the 1933 Act shall then be pending before, or threatened by, the Commission. In case any of the conditions specified above in this Section 7 shall not have been fulfilled, this Agreement may be terminated by the Company by delivering written notice of termination to the Underwriters. Any such termination shall be without liability of any party to any other party except to the extent provided in Section 4 hereof and except that Sections 1, 8, 9 and 10 shall survive any such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Oklahoma Gas & Electric Co

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Conditions of Company's Obligations. The obligation of the Company to deliver the Senior Notes upon payment therefor shall be subject to the following conditions: At the Closing Time, (a) the order of the Oklahoma Commission referred to in subparagraph (a)(xviiia)(xvi) of Section 1 hereof shall be in full force and effect substantially in the form in which originally entered and (b) no stop order suspending the effectiveness of the Registration Statement shall be in effect and no proceedings for that purpose or pursuant to Section 8A of the 1933 Act shall then be pending before, or threatened by, the Commission. In case any of the conditions specified above in this Section 7 6 shall not have been fulfilled, this Agreement may be terminated by the Company by delivering written notice of termination to the Underwriters. Any such termination shall be without liability of any party to any other party except to the extent provided in Section 4 hereof and except that Sections 1, 87, 8 and 9 and 10 shall survive any such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co)

Conditions of Company's Obligations. The obligation of the Company to deliver the Senior Notes upon payment therefor shall be subject to the following conditions: At the Closing Time, (a) the order of the Oklahoma Commission referred to in subparagraph (a)(xviii) of Section 1 hereof shall be in full force and effect substantially in the form in which originally entered and (b) no stop order suspending the effectiveness of the Registration Statement shall be in effect and effect, no proceedings for that purpose or pursuant to Section 8A of the 1933 Act shall then be pending before, or threatened by, the CommissionCommission and no notice of objection by the Commission to the use of the Registration Statement or any post-effective amendment thereto pursuant to Rule 401(g)(2) under the 1933 Act shall have been received by the Company and not removed by such date. In case any of the conditions specified above in this Section 7 shall not have been fulfilled, this Agreement may be terminated by the Company by delivering written notice of termination to the Underwriters. Any such termination shall be without liability of any party to any other party except to the extent provided in Section 4 hereof and except that Sections 1, 8, 9 and 10 shall survive any such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (Oge Energy Corp.)

Conditions of Company's Obligations. The obligation of the Company to deliver the Senior Notes and the First Mortgage Bonds upon payment therefor shall be subject to the following conditions: At the Closing Time, (a) the order orders of the Oklahoma Commission and the Arkansas Commission referred to in subparagraph paragraph (a)(xviiixvii) of Section 1 1(a) hereof shall be in full force and effect substantially in the form in which originally entered and (b) no stop order suspending the effectiveness of the Registration Statement shall be in effect and no proceedings for that purpose or pursuant to Section 8A of the 1933 Act shall then be pending before, or threatened by, the Commission. In case any of the conditions specified above in this Section 7 6 shall not have been fulfilled, this Agreement may be terminated by the Company by delivering written notice of termination to the UnderwritersRepresentatives. Any such termination shall be without liability of any party to any other party except to the extent provided in Section 4 hereof and except that Sections 1, 8, 9 and 10 shall survive any such termination and remain in full force and effecthereof.

Appears in 2 contracts

Samples: Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co)

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Conditions of Company's Obligations. The obligation of the Company to deliver the Senior Notes [and the First Mortgage Bonds] upon payment therefor shall be subject to the following conditions: At the Closing Time, (a) the order orders of the Oklahoma Commission and the Arkansas Commission referred to in subparagraph paragraph (a)(xviiixvii) of Section 1 1(a) hereof shall be in full force and effect substantially in the form in which originally entered and (b) no stop order suspending the effectiveness of the Registration Statement shall be in effect and no proceedings for that purpose or pursuant to Section 8A of the 1933 Act shall then be pending before, or threatened by, the Commission. In case any of the conditions specified above in this Section 7 6 shall not have been fulfilled, this Agreement may be terminated by the Company by delivering written notice of termination to the UnderwritersRepresentatives. Any such termination shall be without liability of any party to any other party except to the extent provided in Section 4 hereof and except that Sections 1, 8, 9 and 10 shall survive any such termination and remain in full force and effecthereof.

Appears in 1 contract

Samples: Purchase Agreement (Oklahoma Gas & Electric Co)

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