Common use of Calculation of Contribution Clause in Contracts

Calculation of Contribution. In the event that an Indemnifier may be held to be entitled to contribution from the Underwriters under the provisions of any statute or at law, the Indemnifier shall be limited to contribution in an amount not exceeding the lesser of: (i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriters are responsible, as determined in section 15(a), and (ii) the amount of the Underwriting Fee actually received by the Underwriters under this Agreement, and an Underwriter shall in no event be liable to contribute any amount in excess of such Underwriter’s portion of the Underwriting Fee actually received under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Silver Standard Resources Inc), Underwriting Agreement (Pretium Resources Inc.)

AutoNDA by SimpleDocs

Calculation of Contribution. In the event that an Indemnifier may be held to be entitled to contribution from the Underwriters under the provisions of any statute or at law, the Indemnifier shall be limited to contribution in an amount not exceeding the lesser of: (i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriters are responsible, as determined in section 15(a), and (ii) the amount of the Underwriting Fee and the Agency Fee actually received by the Underwriters under this Agreement, and an Underwriter shall in no event be liable to contribute any amount in excess of such Underwriter’s portion of the Underwriting Fee and the Agency Fee actually received under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Silver Standard Resources Inc)

Calculation of Contribution. In the event that an Indemnifier may be held to be entitled to contribution from the Underwriters under the provisions of any statute or at law, the Indemnifier shall be limited to contribution in an amount not exceeding the lesser of: (ia) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriters are responsible, as determined in section 15(aSection 12(1) or Section 12(2), as the case may be, and (iib) the amount of the Underwriting Fee fee actually received by the Underwriters from the Corporation under this Agreement, and an Underwriter shall in no event be liable to contribute any amount in excess of such Underwriter’s portion of the Underwriting Fee actually received under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement

AutoNDA by SimpleDocs

Calculation of Contribution. In the event that an Indemnifier may be held to be entitled to contribution from the Underwriters under the provisions of any statute or at law, the Indemnifier shall be limited to contribution in an amount not exceeding the lesser of: (ia) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriters are responsible, as determined in section 15(a)13.1, and (iib) the amount of the Underwriting Fee actually received by the Underwriters under this Agreement, and an Underwriter shall in no event be liable to contribute any amount in excess of such Underwriter’s portion of the Underwriting Fee actually received under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Pretium Resources Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!