Common use of Effective Date of this Agreement and Termination Clause in Contracts

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 10 contracts

Samples: Purchase Agreement (Commtouch Software LTD), Purchase Agreement (Commtouch Software LTD), Purchase Agreement (Eloquent Inc)

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Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Underwriters in your their discretion shall first release the Capital Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Underwriters in your their discretion shall first release the Capital Securities for sale to the public. For the purpose of this Section, the Capital Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you the Underwriters of telexes offering the Capital Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, the Trust or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 6 contracts

Samples: Purchase Agreement (Community First Bankshares Inc), Purchase Agreement (Community First Bankshares Inc), Purchase Agreement (CFB Capital Iv)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 4 contracts

Samples: Purchase Agreement (Golf Galaxy, Inc.), Optimer Pharmaceuticals Inc, Golf Galaxy, Inc.

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Eastern time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 3 contracts

Samples: Onyx Pharmaceuticals Inc, Pozen Inc /Nc, Alexion Pharmaceuticals Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 3 contracts

Samples: Purchase Agreement (Jeepers Inc), Purchase Agreement (Omnicell Inc /Ca/), Antigenics Inc /De/

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 3 contracts

Samples: Purchase Agreement (Hoku Scientific Inc), Purchase Agreement (Advanced Neuromodulation Systems Inc), Inhibitex Inc

Effective Date of this Agreement and Termination. (a) a. This Agreement shall become effective immediately as to Sections 5, 7, 9, 10 and 11 and, as to all other provisions (i) if at 10:00 a.m.the time of execution of this Agreement the Registration Statement has not become effective, Central at 9:00 A.M., Eastern time, on the first full business day following the effective date effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement the Registration Statement has been declared effective, at 9:00 A.M., Eastern time, on the first business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective time as you may determine on and by notice to the Company or by release of any of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for Shares of sale to the public. For the purpose purposes of this SectionSection 10, the Securities Shares shall be deemed to have been so released upon the release for sale publication of any newspaper advertisement relating to the public Shares or upon the release by you of telegrams (i) advising the publication Underwriters that the Shares are released for public offering, or (ii) offering of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities Shares for sale to securities dealers, whichever shall first occurmay occur first. By giving notice as hereinafter specified set forth in Section 11 before the time this Agreement becomes effective, you, as the Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Company shall remain obligated to pay costs and expenses to the extent provided in Section 4(a)(viii), Section 4(b)(ii) 5a and Section 6 hereof shall at all times be effective5b hereof.

Appears in 3 contracts

Samples: Pn Holdings Inc, Pelican Financial Inc, Pelican Financial Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Matrix Capital Corp /Co/), Purchase Agreement (Roadhouse Grill)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, either Underwriter or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 2 contracts

Samples: Taylor Capital Group Inc, Taylor Capital Group Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date time of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities Stock for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities Stock for sale to the public. For the purpose of this SectionSection 10, the Securities Stock shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing the publication commencement of a newspaper advertisement relating thereto or upon release by you the offering of telexes offering the Securities Stock for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives Representative of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii6(g) and Section 6 7 hereof shall at all times be effective.

Appears in 2 contracts

Samples: Purchase Agreement (First American Minnesota Municipal Income Fund Ii Inc), Purchase Agreement (First American Minnesota Municipal Income Fund Ii Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this SectionSection 9, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 2 contracts

Samples: Purchase Agreement (Endocardial Solutions Inc), Purchase Agreement (Endocardial Solutions Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, you or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 2 contracts

Samples: American Medical Systems Holdings Inc, American Medical Systems Holdings Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; providedPROVIDED, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 2 contracts

Samples: Purchase Agreement (Interspeed Inc), Purchase Agreement (Interspeed Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this SectionSection 9, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 2 contracts

Samples: Purchase Agreement (Seamed Corp), Purchase Agreement (Seamed Corp)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time[β€”], on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities ADSs for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities ADSs for sale to the public. For the purpose of this Section, the Securities ADSs shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities ADSs for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Underwriting Agreement (Global Market Group LTD)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Pacific time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities Shares for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities Shares for sale to the public. For the purpose of this Section, the Securities Shares shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities Shares for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Marchex Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii4(a)(vii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Dexcom Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Minneapolis time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all an times be effective.

Appears in 1 contract

Samples: Purchase Agreement (CNS Inc /De/)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, or, by joint action only, the Selling Stockholders, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(c) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Affirmative Insurance Holdings Inc)

Effective Date of this Agreement and Termination. (a) a. This Agreement shall become effective immediately as to Sections 5, 7, 9 and 11 and, as to all other provisions (i) if at 10:00 a.m.the time of execution of this Agreement the Registration Statement has not become effective, Central at 9:00 A.M., Eastern time, on the first full business day following the effective date effectiveness of the Registration Statement, or (ii) if at the time of execution of this Agreement the Registration Statement has been declared effective, at 9:00 A.M., Eastern time, on the first business day following the date of execution of this Agreement; but this Agreement shall nevertheless become effective at such earlier time after the Registration Statement becomes effective time as you may determine on and by notice to the Company or by release of any of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for Shares of sale to the public. For the purpose purposes of this SectionSection 10, the Securities Shares shall be deemed to have been so released upon the release for sale publication of any newspaper advertisement relating to the public Shares or upon the release by you of telegrams (i) advising the publication Underwriters that the Shares are released for public offering, or (ii) offering of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities Shares for sale to securities dealers, whichever shall first occurmay occur first. By giving notice as hereinafter specified set forth in Section 11 before the time this Agreement becomes effective, you, as the Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Company shall remain obligated to pay costs and expenses to the extent provided in Section 4(a)(viii), Section 4(b)(ii) 5a and Section 6 hereof shall at all times be effective5b hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Flanders Corp)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Minneapolis time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Novoste Corp /Fl/)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 6:00 a.m., Central Pacific time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(i) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Foxhollow Technologies, Inc.)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities Shares for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities Shares for sale to the public. For the purpose of this Section, the Securities Shares shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication offering of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities Shares for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives the Representative of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii)5, Section 4(b)(ii) 7 and Section 6 13 hereof shall at all times be effective.

Appears in 1 contract

Samples: Underwriting Agreement (Zhongpin Inc.)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 9:00 a.m., Central Pacific time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effectiveeffective and shall survive the termination of this Agreement, including a termination pursuant to Section 9.

Appears in 1 contract

Samples: Purchase Agreement (Cutera Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Underwriters in your their discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Underwriters in your their discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you the Representatives of an electronic communication authorizing commencement of the publication offering of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as the Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(b)(i) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Hallmark Financial Services Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 [_____] a.m., Central Eastern time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; providedPROVIDED, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Metabolix, Inc.)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities ADSs for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities ADSs for sale to the public. For the purpose of this Section, the Securities ADSs shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities ADSs for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives the Representative of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Underwriting Agreement (Duoyuan Global Water Inc.)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Rocky Mountain time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Representative in your its discretion shall first release the Trust Preferred Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Representative in your its discretion shall first release the Trust Preferred Securities for sale to the public. For the purpose of this Section, the Trust Preferred Securities shall be deemed to have been released for sale to the public upon release by you the Representative of the publication of a newspaper advertisement relating thereto or upon release by you the Representative of telexes offering the Trust Preferred Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, youthe Representative, as Representatives of the several Underwriters, Trust or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Fib Capital Trust

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication offering of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives Representative of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (CAI International, Inc.)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii4(a)(vii), Section 4(b)(i), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Reliant Technologies Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Eastern time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Alexza Pharmaceuticals Inc.)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Underwriters in your their discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Underwriters in your their discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you the Underwriters of the publication of a newspaper advertisement relating thereto or upon release by you the Underwriters of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, Underwriters or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Community First Bankshares Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Minneapolis time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, you or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Hickory Furniture Co)

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Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, you or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Integra Lifesciences Holdings Corp

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Minneapolis time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, you or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Lifecore Biomedical Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Minneapolis time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Interplay Entertainment Corp)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central New York time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(a)(ix) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Underwriting Agreement (Talx Corp)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Minneapolis time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, you or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(viii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Bio Vascular Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Underwriters in your their discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Underwriters in your their discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you the Representatives of an electronic communication authorizing commencement of the publication offering of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as the Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Hallmark Financial Services Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives Representative of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Wonder Auto Technology, Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time[β€”], on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities ADSs for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities ADSs for sale to the public. For the purpose of this Section, the Securities ADSs shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities ADSs for sale to by the Underwriter or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Underwriting Agreement (Global Market Group LTD)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.the

Appears in 1 contract

Samples: Promedco Management Co

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 8:30 a.m., Central Eastern time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Travelscape Com Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 9:00 a.m., Central Pacific time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Marchex Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Underwriters in your their discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Underwriters in your their discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you the Underwriters of the publication of a newspaper advertisement relating thereto or upon release by you the Underwriters of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, Underwriters or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and or Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Firstcity Financial Corp

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central Eastern time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Representatives in your their discretion shall first release the Securities ADSs for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Representatives in your their discretion shall first release the Securities ADSs for sale to the public. For the purpose of this Section, the Securities ADSs shall be deemed to have been released for sale to the public upon release by you the Representatives of the publication an electronic communication authorizing commencement of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities ADSs for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several UnderwritersRepresentatives, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Duoyuan Global Water Inc.

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 8:00 a.m., Central Minneapolis time, on the first full business day following on which the effective date Underwriter releases the initial public offering of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities Firm Shares for sale to the public. The Underwriter shall notify the Company immediately after any action has been taken which causes this Agreement to become effective. Until this Agreement is effective, it may be terminated by the Company or the Underwriter by giving notice as hereinafter provided, except that the provisions of Sections 3(g), 6, 7 and 8 shall at all times be effective. For the purpose purposes of this SectionAgreement, the Securities release of the initial public offering of the Firm Shares for sale to the public shall be deemed to have been released for sale to made when the public upon release Underwriter releases, by you telegram or otherwise, firm offers of the Firm Shares to securities dealers or release for publication of a newspaper advertisement relating thereto or upon release by you of telexes offering to the Securities for sale to securities dealersFirm Shares, whichever occurs first. This Agreement, shall first occur. By giving notice as hereinafter specified before nevertheless, become effective at such time earlier than the time this Agreement becomes effectivespecified above as the Underwriter may determine, you, as Representatives of by notice to the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effectiveCompany.

Appears in 1 contract

Samples: Industrial Rubber Products Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, Underwriters or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii4(a)(vii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Layne Christensen Co)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central timeTime, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this SectionSection 9(a), the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as the Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Granite Financial Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities Shares for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities Shares for sale to the public. For the purpose of this Section, the Securities Shares shall be deemed to have been released for sale to the public upon release by you of an electronic communication authorizing commencement of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities Shares for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives the Representative of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Underwriting Agreement (Duoyuan Printing, Inc.)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central timeTime, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Youcentric Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; providedPROVIDED, HOWEVER, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you of telexes offering the Securities for sale to securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, Underwriters or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Purchase Agreement (Coastal Bancorp Inc)

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you the Underwriters in your their discretion shall first release the Capital Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you the Underwriters in your their discretion shall first release the Capital Securities for sale to the public. For the purpose of this Section, the Capital Securities shall be deemed to have been released for sale to the public upon release by you of the publication of a newspaper advertisement relating thereto or upon release by you the Underwriters of telexes offering the Capital Securities for sale to securities Capital Securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, the Trust or the Company may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii) and Section 6 hereof shall at all times be effective.

Appears in 1 contract

Samples: Community First Bankshares Inc

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective at 10:00 a.m., Central time, on the first full business day following the effective date of the Registration Statement, or at such earlier time after the effective time of the Registration Statement as you in your discretion shall first release the Securities for sale to the public; provided, that if the Registration Statement is effective at the time this Agreement is executed, this Agreement shall become effective at such time as you in your discretion shall first release the Securities for sale to the public. For the purpose of this Section, the Securities shall be deemed to have been released for sale to the public upon release by you the earlier of the (i) publication of a newspaper advertisement relating thereto or upon and (ii) release by you of telexes an electronic communication authorizing commencement of the offering the Securities for sale to by the Underwriters or other securities dealers, whichever shall first occur. By giving notice as hereinafter specified before the time this Agreement becomes effective, you, as Representatives of the several Underwriters, or the Company Company, may prevent this Agreement from becoming effective without liability of any party to any other party, except that the provisions of Section 4(a)(viii), Section 4(b)(ii4(h) and Section 6 hereof shall at all times be effectiveeffective and shall survive the termination of this Agreement, including a termination pursuant to this Section 9.

Appears in 1 contract

Samples: Purchase Agreement (Kyphon Inc)

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