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Common use of CONDITIONS OF THE OBLIGATIONS OF THE COMPANY Clause in Contracts

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. (a) The obligations of the Company to deliver the Shares shall be subject to the conditions that (i) the Registration Statement shall have become effective and (ii) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. (b) In case either of the conditions specified in paragraph (a) of this Section 8 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, that in the event of any such termination the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraph (g) of Section 6 hereof.

Appears in 9 contracts

Samples: Underwriting Agreement (Genitope Corp), Underwriting Agreement (Sunset Financial Resources Inc), Underwriting Agreement (Genitope Corp)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. (a) The obligations of the Company to deliver the Shares shall be subject to the conditions that (i) the Registration Statement shall have become effective and (ii) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. (b) In case either of the conditions specified in paragraph (a) of this Section 8 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, that in the event of any such termination the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraph paragraphs (g) and (h) of Section 6 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Overstock Com Inc), Underwriting Agreement (Beacon Education Management Inc), Underwriting Agreement (Andover Net Inc)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. (a) The obligations obligation of the Company to deliver the Shares shall be subject to the conditions that (ia) the Registration Statement shall have become effective effective, and (iib) no stop order suspending the effectiveness of the Registration Statement thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. (b) . In case either of the conditions specified in paragraph (a) of this Section 8 10 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to youthe -26- 27 Underwriters. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, (i) that in the event of any such termination the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraph (gSections 6(i) of Section 6 and 6(j) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Geltex Pharmaceuticals Inc)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. (a) The obligations of the Company to deliver the Shares shall be subject to the conditions that (i) the Registration Statement shall have become effective and (ii) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. (b) In case either of the conditions specified in paragraph (a) of this Section 8 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you. Any such termination shall be without liability of the Company to the Underwriters Underwriter and without liability of the Underwriters Underwriter to the Company; provided, however, that in the event of any such termination the Company agrees to indemnify and hold harmless the Underwriters Underwriter from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraph (g) of Section 6 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Genitope Corp)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. (a) The obligations of the Company to deliver the Shares shall be subject to the conditions that (i) the Registration Statement shall have become effective effective; and (ii) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. (b) In case either of the conditions specified in paragraph (a) of this Section 8 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, that in the event of any such termination the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraph (g) of Section 6 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Lindows Inc)