Common use of Effective Date and Termination Clause in Contracts

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m., Washington, DC time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities for the sale to the public, unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors that the Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a), the Preferred Securities to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Provident Trust Ii), Underwriting Agreement (First United Corp/Md/)

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Effective Date and Termination. (a) This Agreement shall become effective at 9:00 _____ a.m., Washington, DC D.C. time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 2 contracts

Samples: Underwriting Agreement (Startec Global Communications Corp), Startec Global Communications Corp

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.A.M., Washington, DC New York time, on the first business day following the date hereof, or at such earlier later time after the Registration Statement becomes effective as the RepresentativesRepresentative, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives Representative shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives Representative shall have given written notice to the Offerors Company that the Representatives Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Representative for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 2 contracts

Samples: Underwriting Agreement (Jaymark Inc), Zydeco Energy Inc

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.11:00 A.M., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and -------- ------- of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 2 contracts

Samples: Underwriting Agreement (Albany Molecular Research Inc), Anika Therapeutics Inc

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.11:00 A.M., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Lithia Motors Inc

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.11:00 A.M., Washington, DC New York time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Ragar Corp

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 a.m., Washington, DC New York time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 -------- ------- and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Four Media Co)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 a.m., Washington, DC New York City time, on the first business day following the date hereof, hereof or at such earlier time after the Registration Statement becomes effective as the Representatives, Representative in their its sole discretion, discretion shall release the Preferred Securities Shares for the sale to the public, unless prior to such time the Representatives Representative shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, effective or the Representatives Representative shall have given written notice to the Offerors Company that the Representatives Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of Sections 6 and 8 hereof and this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(asubsection (a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Representative for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Warrant Agreement (Clearview Cinema Group Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m., Washington, DC time, on upon the first business day following later of (i) the date hereof, execution of this Agreement or at such earlier time after (ii) when the Underwriters and the Company shall have received notification from the Commission of the effectiveness of the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities for the sale to the publicStatement, unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Offered Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Offered Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesOffered Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Alyn Corp)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 a.m., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the RepresentativesUnderwriters, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives Underwriters shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors that the Representatives Underwriters on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of -------- ------- Section 7 5 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Underwriters to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Underwriters for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (G&l Realty Corp)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m., Washington, DC D.C. time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Dunn Computer Corp

Effective Date and Termination. (a1) This Agreement shall become effective at 9:00 a.m.1l:00 A.M., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative[s] to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Representative[s] for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Multi Link Telecommunications Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.11:00 A.M., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives Rep- resentatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Lithia Motors Inc

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 a.m., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the RepresentativesUnderwriters, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives Underwriters shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors that the Representatives Underwriters on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of ----------------- Section 7 5 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Underwriters to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Underwriters for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (G&l Realty Corp)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.11:00 A.M., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Steiner Leisure LTD)

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Effective Date and Termination. (a) This Agreement shall become effective at 9:00 ______ a.m., Washington, DC timeEST, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the RepresentativesRepresentative, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives Representative shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives Representative shall have given written notice to the Offerors Company that the Representatives Representative on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Representative for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Virginia Gas Co

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 11:00 a.m., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the RepresentativesRepresentative, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives Representative shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors that the Representatives Representative on behalf of the Underwriters elects that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Representative for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Capital Corp of the West)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m., Washington, DC time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 12 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a12(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Creditrust Corp)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 _____ a.m., Washington, DC D. C. time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Startec Global Communications Corp

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.A.M., Washington, DC New York time, on the first business day following the date hereof, or at such earlier later time after the Registration Statement becomes effective as the RepresentativesRepresentative, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives Representative shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives Representative shall have given written notice to the Offerors Company that the Representatives Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective; provided, further, that this Agreement shall terminate if the Registration Statement is not declared effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Representative for publication of the first newspaper advertisement which is subsequently published relating to the Preferred Securities.newspaper

Appears in 1 contract

Samples: Underwriting Agreement (Jaymark Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.11:00 A.M., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the RepresentativesRepresentative, in their its sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives Representative shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives Representative shall have given written notice to the Offerors Company that the Representatives Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 6 and Section 9 8 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives Representative for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Suprema Specialties Inc)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m., WashingtonNew York, DC NY time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities for the sale to the public, unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors that the Representatives on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Sterling Bancorp Trust I)

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m., Washington, DC time, on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the RepresentativesRepresentative, in their its sole discretion, shall release the Preferred Securities for the sale to the public, unless prior to such time the Representatives Representative shall have received written notice from the Company on behalf of itself and the Trust that they elect that this Agreement shall not become effective, or the Representatives Representative shall have given written notice to the Offerors that the Representatives Representative on behalf of the Underwriters elects that this Agreement shall not become effective; provided, however, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a11(a), the Preferred Securities to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives Representative to securities dealers releasing such Preferred Securities for offering or the release by the Representatives Representative for publication of the first newspaper advertisement which is subsequently published relating to the Preferred Securities.

Appears in 1 contract

Samples: Mariner Capital Trust

Effective Date and Termination. (a) This Agreement shall become effective at 9:00 a.m.11:00 A.M., Washington, DC time, New York time on the first business day following the date hereof, or at such earlier time after the Registration Statement becomes effective as the Representatives, in their sole discretion, shall release the Preferred Securities Shares for the sale to the public, public unless prior to such time the Representatives shall have received written notice from the Company on behalf of itself and the Trust that they elect it elects that this Agreement shall not become effective, or the Representatives shall have given written notice to the Offerors Company that the Representatives on behalf of the Underwriters elects elect that this Agreement shall not become effective; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 11 and of Section 7 and Section 9 hereof shall at all times be effective. For purposes of this Section 1l(a12(a), the Preferred Securities Shares to be purchased hereunder shall be deemed to have been so released upon the earlier of notification by the Representatives to securities dealers releasing such Preferred Securities Shares for offering or the release by the Representatives for publication of the first newspaper advertisement which is subsequently published relating to the Preferred SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Mediconsult Com Inc)

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