Effective Date of Agreement Contract Clauses (176)

Grouped Into 7 Collections of Similar Clauses From Business Contracts

This page contains Effective Date of Agreement clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Effective Date of Agreement. This Agreement shall become effective: (i) upon the execution and delivery hereof by the parties hereto; or (ii) if, at the time this Agreement is executed and delivered, it is necessary for a post-effective amendment to the Registration Statement to be declared or become effective before the offering of the Shares may commence, when notification of the effectiveness of such post-effective amendment has been released by the Commission. Until such time as this Agreement shall have become effectiv...e, it may be terminated by the Company, by notifying you, or by you, as Representatives of the several Underwriters, by notifying the Company. If any one or more of the Underwriters shall fail or refuse to purchase Shares which it or they are obligated to purchase hereunder on the Closing Date, and the aggregate number of Shares which such defaulting Underwriter or Underwriters are obligated but fail or refuse to purchase is not more than one-tenth of the aggregate number of Shares which the Underwriters are obligated to purchase on the Closing Date, each non-defaulting Underwriter shall be obligated, severally, in the proportion which the number of Firm Shares set forth opposite its name in Schedule I hereto bears to the aggregate number of Firm Shares set forth opposite the names of all non-defaulting Underwriters, to purchase the Shares which such defaulting Underwriter or Underwriters are obligated, but fail or refuse, to purchase. If any one or more of the Underwriters shall fail or refuse to purchase Shares which it or they are obligated to purchase on the Closing Date and the aggregate number of Shares with respect to which such default occurs is more than one-tenth of the aggregate number of Shares which the Underwriters are obligated to purchase on the Closing Date and arrangements satisfactory to you and the Company for the purchase of such Shares by one or more non-defaulting Underwriters or other 23 party or parties approved by you and the Company are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Underwriter or the Company. In any such case which does not result in termination of this Agreement, either you or the Company shall have the right to postpone the Closing Date, but in no event for longer than seven days, in order that the required changes, if any, in the Registration Statement and the Prospectus or any other documents or arrangements may be effected. Any action taken under this paragraph shall not relieve any defaulting Underwriter from liability in respect of any such default of any such Underwriter under this Agreement. The term "Underwriter" as used in this Agreement includes, for all purposes of this Agreement, any party not listed in Schedule I hereto who, with your approval and the approval of the Company, purchases Shares which a defaulting Underwriter is obligated, but fails or refuses, to purchase. Any notice under this Section 9 may be given by telegram, telecopy or telephone but shall be subsequently confirmed by letter. View More
Found in Public Storage contract
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Effective Date of Agreement. This Agreement shall become effective: (i) effective upon the execution and delivery hereof by the parties hereto; or (ii) if, provided, however, that the provisions of Sections 7 and 8 shall at the time this Agreement is executed and delivered, it is necessary for a post-effective amendment to the Registration Statement to all times be declared or become effective before the offering of the Shares may commence, when notification of the effectiveness of such post-effective amendment has been rel...eased by the Commission. Until such time as this Agreement shall have become effective, it may be terminated by the Company, by notifying you, or by you, as Representatives of the several Underwriters, by notifying the Company. effective. 29 11. Defaulting Underwriters. If any one or more of the Underwriters shall fail or refuse to purchase Firm Shares which that it or they are obligated have agreed to purchase hereunder on the Closing Date, hereunder, and the aggregate number of Firm Shares which that such defaulting Underwriter or Underwriters are obligated agreed but fail failed or refuse refused to purchase is not more than one-tenth of the aggregate number of Shares which the Underwriters are obligated to purchase on the Closing Date, Firm Shares, each non-defaulting Underwriter shall be obligated, severally, in the proportion in which the number of Firm Shares set forth opposite its name in Schedule I hereto bears to the aggregate number of Firm Shares set forth opposite the names of all non-defaulting Underwriters or in such other proportion as you may specify in the Agreement Among Underwriters, to purchase the Firm Shares which that such defaulting Underwriter or Underwriters are obligated, agreed, but fail failed or refuse, refused to purchase. If any one Underwriter or more of the Underwriters shall fail or refuse to purchase Firm Shares which it or they are obligated to purchase on the Closing Date and the aggregate number of Firm Shares with respect to which such default occurs is more than one-tenth of the aggregate number of Firm Shares which the Underwriters are obligated to purchase on the Closing Date and arrangements satisfactory to you and the Company for the purchase of such Firm Shares by one or more non-defaulting Underwriters or other 23 party or parties approved by you and the Company are not made within 36 48 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Underwriter or the Company. In any such case which that does not result in termination of this Agreement, either you or the Company shall have the right to postpone the Closing Date, but in no event for longer than seven (7) days, in order that the required changes, if any, in the Registration Statement and the Prospectus or any other documents or arrangements may be effected. Any action taken under this paragraph shall not relieve any defaulting Underwriter from liability in respect of any such default of any such Underwriter under this Agreement. The term "Underwriter" as used in this Agreement includes, for all purposes of this Agreement, any party not listed in Schedule I hereto who, with your approval and the approval of the Company, purchases Shares which a defaulting Underwriter is obligated, but fails or refuses, to purchase. Any notice under this Section 9 may be given by telegram, telecopy or telephone but shall be subsequently confirmed by letter. View More
Found in ADMA BIOLOGICS, INC. contract
Effective Date of Agreement. This Agreement shall become effective: (i) upon the execution and delivery hereof by the parties hereto; or (ii) if, at the time this Agreement is executed and delivered, it is necessary for a post-effective amendment to the Registration Statement to be declared or become effective before the offering of the Shares may commence, when notification of the effectiveness of such post-effective amendment has been released by the Commission. Until such time as this Agreement shall have become effectiv...e, it may be terminated by the Company, by notifying you, or by you, as Representatives of the several Underwriters, by notifying the Company. If any one or more of the Underwriters shall fail or refuse to purchase Shares which it or they are obligated to purchase hereunder on the Closing Date, and the aggregate number of Shares which such defaulting Underwriter or Underwriters are obligated but fail or refuse to purchase is not more than one-tenth of the aggregate number of Shares which the Underwriters are obligated to purchase on the Closing Date, each non-defaulting Underwriter shall be obligated, severally, in the proportion which the number of Firm Shares set forth opposite its name in Schedule I hereto bears to the aggregate number of Firm Shares set forth opposite the names of all non-defaulting Underwriters, to purchase the Shares which such defaulting Underwriter or Underwriters are obligated, but fail or refuse, to purchase. If any one or more of the Underwriters shall fail or refuse to purchase Shares which it or they are obligated to purchase on the Closing Date and the aggregate number of Shares with respect to which such default occurs is more than one-tenth of the aggregate number of Shares which the Underwriters are obligated to purchase on the Closing Date and arrangements satisfactory to you and the Company for the purchase of such Shares by one or more non-defaulting Underwriters or other 23 party or parties approved by you and the Company are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Underwriter or the Company. In any such case which does not result in termination of this Agreement, either you or the Company shall have the right to postpone the Closing Date, but in no event for longer than seven days, in order that the required changes, if any, in the Registration Statement and the Prospectus or any other documents or arrangements may be effected. Any action taken under this paragraph shall not relieve any defaulting Underwriter from liability in respect of any such default of any such Underwriter under this Agreement. The term "Underwriter" as used in this Agreement includes, for all purposes of this Agreement, any party not listed in Schedule I hereto who, with your approval and the approval of the Company, purchases Shares which a defaulting Underwriter is obligated, but fails or refuses, to purchase. Any notice under this Section 9 may be given by telegram, telecopy or telephone but shall be subsequently confirmed by letter. 23 10. Termination. This Agreement shall be subject to termination in your absolute discretion, without liability on the part of any Underwriter to the Company by notice to the Company, if prior to the Closing Date or any Option Closing Date (if different from the Closing Date and then only as to the Additional Shares, as the case may be), (i) there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Prospectus or the General Disclosure Package, any material adverse change, or any development involving a prospective material adverse change, in the condition, financial or otherwise, or in the business, properties, net worth or results of operations of the Company, the Subsidiaries or the Partnerships, whether or not arising in the ordinary course of business, (ii) trading in securities generally on the NYSE, the NYSE American, Nasdaq Global Select Market or the Nasdaq Global Market shall have been suspended or materially limited, (iii) a general moratorium on commercial banking activities in New York or California shall have been declared by either federal or state authorities, or (iv) there shall have occurred any outbreak or escalation of hostilities or other international or domestic calamity, crisis or change in political, financial or economic conditions, the effect of which on the financial markets of the United States is such as to make it, in your judgment, impracticable or inadvisable to commence or continue the offering of the Shares at the offering price to the public set forth on the cover page of the Prospectus or to enforce contracts for the resale of the Shares by the Underwriters. Notice of such termination may be given to the Company by telegram, telecopy or telephone and shall be subsequently confirmed by letter. View More
Found in Public Storage contract
Effective Date of Agreement. This Agreement shall become effective: (i) effective upon the later of (a) the execution and delivery hereof by the parties hereto; or (ii) if, at the time this Agreement is executed Parties in accordance with Section 19 hereof and delivered, it is necessary for a post-effective amendment to the Registration Statement to be declared or become effective before the offering (b) release of the Shares may commence, when notification of the effectiveness of such post-effective amendment has been rele...ased the Registration Statement by the Commission. Until such time Commission; provided, however, that the provisions of Sections 5 and 6 shall at all times be effective as from the execution and delivery of this Agreement shall have become effective, it may be terminated by the Company, by notifying you, or by you, as Representatives of the several Underwriters, by notifying the Company. Parties. 9. Defaulting Underwriters. 9.1. If (a) any one or more of the Underwriters shall fail or refuse to purchase Shares which Firm Units that it or they are obligated have agreed to purchase hereunder on the Closing Date, hereunder, and (b) the aggregate number of Shares which Firm Units that such defaulting Underwriter or Underwriters are obligated agreed but fail failed or refuse refused to purchase is not more than one-tenth (1/10) of the aggregate number of Shares which the Underwriters are obligated Firm Units (including after giving effect to any arrangements between you and the Partnership for the purchase on of the Closing Date, Firm Units as referred to under Section 9.2(c) hereof), each non-defaulting Underwriter shall be obligated, severally, in the proportion in which the number of Firm Shares Units set forth opposite its name in Schedule I hereto bears to the aggregate number of Firm Shares Units set forth opposite the names of all non-defaulting Underwriters or in such other proportion as you may specify in the Agreement Among Underwriters, to purchase the Shares which Firm Units that such defaulting Underwriter or Underwriters are obligated, agreed, but fail failed or refuse, refused to purchase. 9.2. If (a) any one Underwriter or more of the Underwriters shall fail or refuse to purchase Shares which it or they are obligated to purchase on the Closing Date and Firm Units, (b) the aggregate number of Shares Firm Units with respect to which such default occurs is more than one-tenth (1/10) of the aggregate number of Shares which the Underwriters are obligated to purchase on the Closing Date Firm Units and (c) arrangements satisfactory to you and the Company Partnership for the purchase of such Shares by one or more non-defaulting Underwriters or other 23 party or parties approved by you and the Company Firm Units are not made within 36 forty-eight (48) hours after such default, either you or the Partnership shall have the right to: (i) terminate this Agreement will terminate without any liability on the part of any non-defaulting Underwriter or, except as provided in Sections 5 and 6 hereof, the TXO Parties; or the Company. In any such case which does not result in termination of this Agreement, either you or the Company shall have the right to (ii) postpone the Closing Date, but in no event for longer than seven days, in order that the required changes, if any, in the Registration Statement Statement, the Time of Sale Information and the Prospectus or any other documents or arrangements may be effected. 9.3. Any action taken under this paragraph Section 9 shall not relieve any defaulting Underwriter from liability in respect of any such default of any such Underwriter thereof under this Agreement. The term "Underwriter" as used in this Agreement includes, for all purposes of this Agreement, any party not listed in Schedule I hereto who, with your approval and the approval of the Company, purchases Shares which a defaulting Underwriter is obligated, but fails or refuses, to purchase. Any notice under this Section 9 may be given by telegram, telecopy or telephone but shall be subsequently confirmed by letter. View More
Found in MorningStar Partners, L.P. contract
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Effective Date of Agreement. This Agreement shall become effective upon the later of (a) the execution and delivery hereof by the parties hereto and (b) release of notification of the effectiveness of the Registration Statement by the Commission; provided, however, that the provisions of Sections 7 and 8 shall at all times be effective.
Found in AVADIM HEALTH, INC. contract
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Effective Date of Agreement. This Agreement shall become effective upon the later of (a) the execution and delivery hereof by the parties hereto and (b) release of notification of the 29 effectiveness of the Registration Statement by the Commission; provided, however, that the provisions of Sections 7 and 8 shall at all times be effective.
Found in ALERUS FINANCIAL CORP contract
Effective Date of Agreement. This Agreement shall become effective upon the later of (a) the execution and delivery hereof by the parties hereto and (b) release of notification of the effectiveness of the Registration Statement by the Commission; provided, however, that the provisions of Sections 7 8 and 8 9 shall at all times be effective.
Found in Kimbell Royalty Partners, LP contract
Effective Date of Agreement. This Agreement shall become effective upon the later of (a) the execution and delivery hereof by the parties hereto and (b) release of notification of the effectiveness of the Registration Statement by the Commission; provided, however, that the provisions of Sections Section 7 and 8 shall at all times be effective.
Found in Mercantil Bank Holding Corp contract
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Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto; provided, however, that the provisions of Sections 7 and 8 shall survive the termination of this Agreement.
Found in Adamis Pharmaceuticals Corp contract
Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto; provided, however, that the provisions of Sections 7 and 8 shall survive the termination of this Agreement. at all times be effective.
Found in ADMA BIOLOGICS, INC. contract
Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto; provided, however, that the provisions of Sections 7 and 8 shall survive the termination of this Agreement. at all times be effective.
Found in INVIVO THERAPEUTICS HOLDINGS CORP. contract
Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto; provided, however, that the provisions of Sections 7 and 8 shall survive the termination of this Agreement. at all times be effective.
Found in Asterias Biotherapeutics, Inc. contract
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Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.
Found in CASELLA WASTE SYSTEMS INC contract
Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.
Found in SL Green Realty contract
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Effective Date of Agreement. You will be afforded until January 6, 2020, a period of more than twenty-one (21) days to consider the meaning and effect of this Agreement, although you cannot sign it prior to January 3, 2020. You are advised to consult with an attorney, and you acknowledge that you have had the opportunity to do so. You agree that any modification, material or otherwise do not restart or affect in any manner the original consideration period for the severance proposal made to you. If you do not sign and retur...n this Agreement within the consideration period, the Company's offer to provide you with the monies and other benefits set forth herein will expire. You may revoke this Agreement for a period of seven (7) business days following the date you execute this Agreement. Any revocation within this period must be submitted, in writing, to Mark Levine and state, "I hereby revoke my acceptance of the Agreement." The revocation must be personally delivered to Mark Levine, General Counsel, Flexion Therapeutics, Inc., 10 Mall Road, Suite 301, Burlington, MA 01803, or mailed to him first class mail and postmarked within seven (7) business days of execution of this Agreement. View More
Found in Flexion Therapeutics Inc contract
Effective Date of Agreement. You will be afforded until January 6, 2020, a period of more than up to twenty-one (21) days to consider the meaning and effect of this Agreement, although you cannot sign it prior to January 3, 2020. Agreement. You are advised to consult with an attorney, attorney and you acknowledge that you have had the opportunity to do so. You agree that any modification, material or otherwise do not restart or affect in any manner the original 21-day consideration period for the severance proposal made to ...you. If you do not sign and return this Agreement within the consideration period, dates set forth below, the Company's offer to provide you with the monies and and/or other benefits set forth herein will expire. You may revoke this Agreement for a period of seven (7) business calendar days following the date you execute this Agreement. Any revocation within this period must be submitted, in writing, to Mark Levine and state, "I hereby revoke my acceptance of the Agreement." The revocation must be personally delivered to Mark Levine, General Counsel, Flexion Therapeutics, Inc., 10 Mall Road, Suite 301, Burlington, MA 01803, or mailed to him first class mail and postmarked within seven (7) business calendar days of execution of this Agreement. This Agreement shall not be effective until the date upon which the revocation period has expired unexercised (the "Effective Date"), which shall be the eighth day after this Agreement is executed by you. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in Massachusetts, or the state in which you reside, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday. View More
Found in Flexion Therapeutics Inc contract
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Effective Date of Agreement. This Agreement becomes effective on the date the Employee signs the Agreement and returns it to the Company to the Company representative noted in Section 17 below, provided the Employee has not revoked this Agreement pursuant to Section 12.
Found in Covia Holdings Corp contract
Effective Date of Agreement. This Agreement becomes effective on the date eighth (8th) day after the Employee signs the Agreement and returns it to the Company to the Company representative noted in Section 17 below, Company, provided the Employee has not revoked this Agreement pursuant to Section 12. 13. After the Employee signs and dates the Agreement, the Employee must return the Agreement to the Company representative noted in Section 17 below.
Found in Covia Holdings Corp contract
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Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto. 36 17. No Fiduciary Duty. The Issuers acknowledge and agree that in connection with this offering and sale of the Notes or any other services the Underwriters may be deemed to be providing hereunder, notwithstanding any preexisting relationship, advisory or otherwise, between the parties or any oral representations or assurances previously or subsequently made by the Underwriters: (i) no fiduciary... or agency relationship between the Issuers and any other person, on the one hand, and the Underwriters, on the other hand, exists; (ii) the Underwriters are not acting as advisors, expert or otherwise, to either of the Issuers, including, without limitation, with respect to the determination of the public offering price of the Notes, and such relationship between the Issuers, on the one hand, and the Underwriters, on the other, is entirely and solely commercial, based on arms-length negotiations; (iii) any duties and obligations that the Underwriters may have to the Issuers shall be limited to those duties and obligations specifically stated herein; and (iv) the Underwriters and their respective affiliates may have interests that differ from those of the Issuers. The Issuers hereby waive any claims that they may have against the Underwriters with respect to any breach of fiduciary duty in connection with this offering. View More
Found in PLAINS ALL AMERICAN PIPELINE LP contract
Effective Date of Agreement. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto. 36 34 17. No Fiduciary Duty. The Issuers acknowledge Partnership acknowledges and agree agrees that in connection with this offering and sale of the Notes Units or any other services the Underwriters Underwriter may be deemed to be providing hereunder, notwithstanding any preexisting relationship, advisory or otherwise, between the parties or any oral representations or assurances previously or su...bsequently made by the Underwriters: Underwriter: (i) no fiduciary or agency relationship between the Issuers Partnership and any other person, on the one hand, and the Underwriters, Underwriter, on the other hand, exists; (ii) the Underwriters are Underwriter is not acting as advisors, advisor, expert or otherwise, to either of the Issuers, Partnership, including, without limitation, with respect to the determination of the public offering price of the Notes, Units, and such relationship between the Issuers, Partnership, on the one hand, and the Underwriters, Underwriter, on the other, is entirely and solely commercial, based on arms-length negotiations; (iii) any duties and obligations that the Underwriters Underwriter may have to the Issuers Partnership shall be limited to those duties and obligations specifically stated herein; and (iv) the Underwriters Underwriter and their its respective affiliates may have interests that differ from those of the Issuers. Partnership. The Issuers Partnership hereby waive waives any claims that they it may have against the Underwriters Underwriter with respect to any breach of fiduciary duty in connection with this offering. View More
Found in PLAINS ALL AMERICAN PIPELINE LP contract
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