OBLIGATIONS OF THE UNDERWRITER. 6.1. Any transaction carried out by the Underwriter pursuant to Clause 5 (other than the obligation to subscribe or procure subscription for any Untaken Shares pursuant to Clause 5 and the obligations contained in Clause 6.2) shall constitute a transaction carried out at the request of the Company and as its agent and not in respect of the Underwriter’s own account. The Underwriter (in relation to Clause 5) shall not be responsible for any loss or damage to any persons arising from any such transaction, except where such loss or damage arises from the breach by the Underwriter of their obligations under this Agreement or the gross negligence, fraud, or wilful default or omission of the Underwriter or any agent appointed by them for such purpose.
OBLIGATIONS OF THE UNDERWRITER. The Underwriter agrees to indemnify and hold harmless the City, its respective officers, agents and employees, any persons who sign the Official Statement, the Tax Certificate and the Certificates of the Authority and the City set forth in Sections 8(c)(viii) and (ix) hereof and each person, if any, who controls the City within the meaning of either Section 15 of the Securities Act of 1933, as amended (the “Securities Act”), or Section 20 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), (except for the City, collectively referred to as the “Indemnified Parties”) against any and all losses, claims, damages, liabilities and expenses (including those related to a government investigation): (i) arising out of or resulting from any statement or information provided by the Underwriter for inclusion in the Preliminary Official Statement or in the Official Statement under the caption “UNDERWRITING” that is untrue or incorrect in any material respect or the omission therefrom of any statement or information that is necessary to make the statements related to such information not misleading in any material respect, and (ii) to the extent of the aggregate amount paid in settlement of any litigation commenced or threatened arising from a claim based on any such untrue or incorrect statement or omission, if such settlement is effected with the prior written consent of the Underwriter, which consent shall not be unreasonably withheld. The City shall not be liable for any settlement of any proceeding in which the City and/or the Indemnified Parties are parties thereto that is effected without its prior written consent. The Underwriter and any controlling persons agree that they shall not, without the prior written consent of the City and the Indemnified Parties, effect any settlement of any pending or threatened proceeding in which the City and/or the Indemnified Parties and/or the Underwriter and the officers, directors, agents and employees of the Underwriter, or controlling persons of the Underwriter, are or could have been a party to any such proceeding, and indemnity could have been sought hereunder by the City and/or the Indemnified Parties, unless such settlement includes an unconditional release of the City and the Indemnified Parties, from all liability on claims that are the subject matter of any such proceeding. In case any claim shall be made or action brought against the City and/or any of the Indemnified Parties based upon the Offici...
OBLIGATIONS OF THE UNDERWRITER. 6.1 Any transaction carried out by the Underwriter pursuant to Clause 5 (other than the obligations contained in Clause 6.2) shall constitute a transaction carried out at the request of the Company and as its agent and not in respect of the Underwriter’s own account. The Underwriter (in relation to Clause 5) shall not be responsible for any loss or damage to any persons arising from any such transaction, except where such loss or damage arises from the breach by the Underwriter of its obligations under this Agreement or the gross negligence or willful default or omission of the Underwriter or any agent appointed by it for such purpose.
OBLIGATIONS OF THE UNDERWRITER. 6.1 Any transaction carried out by the Underwriter pursuant to Clause 5 (other than the obligation to subscribe or procure subscription for any Untaken Shares pursuant to Clauses 5.4 and 6.3 but subject to the Maximum Undertakings as well as other obligations contained in this Clause 6) shall constitute a transaction carried out at the request of the Company and as its agent and not in respect of the own account of the Underwriter (or of the Underwriter concerned, whichever shall be appropriate). The Underwriter (in relation to Clause 5) shall not be responsible for any loss or damage to any persons arising from any such transaction, except where such loss or damage arises from the breach by the Underwriter (or the Underwriter concerned, whichever shall be appropriate) of its obligations under this Agreement or the gross negligence or willful default or omission of the Underwriter (or the Underwriter concerned, whichever shall be appropriate) or any agent appointed by the Underwriter (or the Underwriter concerned, whichever shall be appropriate) for such purpose.
OBLIGATIONS OF THE UNDERWRITER. 8.1 The Underwriter, as agent for the Company, shall use all reasonable endeavours to procure:
OBLIGATIONS OF THE UNDERWRITER. 2.1 In compliance with the applicable regulations, the Underwriter hereby agrees to:
OBLIGATIONS OF THE UNDERWRITER. The Underwriter shall perform all of its obligations in a manner which is consistent with the Company gaining official quotation for the Underwritten Shares. The Underwriter shall deliver or cause to be delivered all documents required by the ASX from the Underwriter or any broker participating in the Pro-Rata Offer forthwith upon that requirement being notified to them.
OBLIGATIONS OF THE UNDERWRITER. 6.1 Any transaction carried out by the Underwriter pursuant to Clause 5 (other than the obligation to subscribe or procure subscription for any Untaken Shares pursuant to Clauses 5.4 and 6.3 but subject to the Maximum Undertakings as well as other obligations contained in this Clause 6) shall constitute a transaction carried out at the request of the Company and as its agent and not in respect of the own account of the Underwriter. The Underwriter (in relation to Clause 5) shall not be responsible for any loss or damage to any persons arising from any such transaction, except where such loss or damage arises from the breach by the Underwriter of its obligations under this Agreement or the gross negligence or willful default or omission of the Underwriter or any agent appointed by the Underwriter for such purpose.
OBLIGATIONS OF THE UNDERWRITER
