Common use of Default by one or more of the Selling Stockholders Clause in Contracts

Default by one or more of the Selling Stockholders. If a Selling Stockholder shall fail at the Closing Date or the Additional Closing Date, as the case may be, to sell and deliver the number of Shares which such Selling Stockholder is obligated to sell hereunder then the Underwriter may, at the option of the Underwriter, by notice from the Underwriter to the Company and the nondefaulting Selling Stockholder, either (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 3, 4, 9, 14, 15 and 18(c) shall remain in full force and effect or (ii) elect to purchase the Shares which the non-defaulting Selling Stockholder has agreed to sell hereunder. No action taken pursuant to this Section 13 shall relieve any Selling Stockholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Stockholder as referred to in this Section 13, the Underwriter shall have the right to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding seven (7) days in order to effect any required change in the Registration Statement, the Pricing Disclosure Package or the Prospectus or in any other documents or arrangements.

Default by one or more of the Selling Stockholders. (a) If a one or more of the Selling Stockholder Stockholders shall fail at the Closing Date or the Additional Closing fail, on any Delivery Date, as the case may be, to sell and deliver the number of Shares which shares of Stock that such Selling Stockholder is or Selling Stockholders are obligated to sell hereunder, and the remaining Selling Shareholders do not exercise the right hereby granted to increase, pro rata or otherwise, the number of shares of Stock to be sold by them hereunder to the total number to be sold by all Selling Stockholders as set forth in Schedule II-A and Schedule II-B hereto, then the Underwriter Underwriters may, at the option of the UnderwriterRepresentatives, by notice from the Underwriter Representatives to the Company and the nondefaulting non-defaulting Selling StockholderStockholders, either (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 31, 42, 98, 10, 14, 15 16, 18, 19, 21 and 18(c) 22 shall remain in full force and effect or (ii) elect to purchase the Shares shares of Stock which the non-defaulting Selling Stockholder has Shareholders have agreed to sell hereunder. No action taken pursuant to this Section 13 12 shall relieve any Selling Stockholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Stockholder as referred to in this Section 13, the Underwriter shall have the right to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding seven (7) days in order to effect any required change in the Registration Statement, the Pricing Disclosure Package or the Prospectus or in any other documents or arrangements.

Default by one or more of the Selling Stockholders. (a) If a Selling Stockholder shall fail at on the Closing Date or of the Additional Closing Date, as the case may be, to sell and deliver the number of Shares which such Selling Stockholder is or Selling Stockholders are obligated to sell hereunder, and the remaining Selling Stockholders do not exercise the right hereby granted to increase, pro rata or otherwise, the number of Shares to be sold by them hereunder to the total number to be sold by all Selling Stockholders as set forth in Schedule 2 hereto, then the Underwriter Underwriters may, at the option of the UnderwriterRepresentatives, by notice from the Underwriter Representatives to the Company and the nondefaulting non-defaulting Selling StockholderStockholders, either (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 3, 4, 9, 1413, 15 and 18(c17(b) and (g) shall remain in full force and effect or (ii) elect to purchase the Shares which the non-defaulting Selling Stockholder has Stockholders have agreed to sell hereunder. No action taken pursuant to this Section 13 shall relieve any Selling Stockholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Stockholder as referred to in this Section 13, the Underwriter shall have the right to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding seven (7) days in order to effect any required change in the Registration Statement, the Pricing Disclosure Package or the Prospectus or in any other documents or arrangements.

Default by one or more of the Selling Stockholders. If a Selling Stockholder shall fail at the Closing Date or the Additional Closing Date, as the case may be, Time to sell and deliver the number of Shares Securities which such Selling Stockholder is obligated to sell hereunder, and the remaining Selling Stockholders do not increase, pro rata or otherwise, the number of Securities to be sold by them hereunder such that the aggregate number of Securities actually sold and delivered by all Selling Stockholders is equal to the total amount of Securities to be sold and delivered as set forth in Schedule B, then the Underwriter Representatives may, at the option of the Underwritertheir option, by notice from the Underwriter to the Company and the nondefaulting non-defaulting Selling Stockholder, Stockholders either (i) terminate this Agreement (including, for the avoidance of doubt, the Concurrent Securities Repurchase) without any liability on the fault of any non-defaulting party except that the provisions of Sections 31, 4, 96, 147, 15 8, 17, 18 and 18(c) 19 shall remain in full force and effect or (ii) elect to that the Underwriters purchase the Shares Securities which the non-defaulting Selling Stockholder has Stockholders have agreed to sell hereunder. No action taken pursuant to this Section 13 11 shall relieve any such Selling Stockholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Stockholder as referred to in this Section 13, the Underwriter shall have the right to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding seven (7) days in order to effect any required change in the Registration Statement, the Pricing Disclosure Package or the Prospectus or in any other documents or arrangements.

Default by one or more of the Selling Stockholders. If a Selling Stockholder shall fail at the Closing Time or at the Date or the Additional Closing Dateof Delivery, as the case may be, to sell and deliver the number of Shares Securities which such Selling Stockholder is obligated to sell hereunder, and the remaining Selling Stockholders do not increase, pro rata or otherwise, the number of Securities to be sold by them hereunder such that the aggregate number of Securities actually sold and delivered by all Selling Stockholders is equal to the total amount of Securities to be sold and delivered as set forth in Schedule B-1, then the Underwriter Representatives may, at the option of the Underwritertheir option, by notice from the Underwriter to the Company and the nondefaulting non-defaulting Selling Stockholder, Stockholders either (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 31, 4, 96, 147, 15 8, 17, 18 and 18(c) 19 shall remain in full force and effect or (ii) elect to that the Underwriters purchase the Shares Securities which the non-defaulting Selling Stockholder has Stockholders have agreed to sell hereunder. No action taken pursuant to this Section 13 11 shall relieve any such Selling Stockholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Stockholder as referred to in this Section 13, the Underwriter shall have the right to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding seven (7) days in order to effect any required change in the Registration Statement, the Pricing Disclosure Package or the Prospectus or in any other documents or arrangements.

Default by one or more of the Selling Stockholders. (a) If a Selling Stockholder shall fail at on the Closing Date or the Additional Closing Date, as the case may be, to sell and deliver the number of Shares which such Selling Stockholder is or Selling Stockholders are obligated to sell hereunder, and the remaining Selling Stockholders do not exercise the right hereby granted to increase, pro rata or otherwise, the number of Shares to be sold by them hereunder to the total number to be sold by all Selling Stockholders as set forth in Schedule 2 hereto, then the Underwriter Underwriters may, at the option of the UnderwriterUnderwriters, by notice from the Underwriter Underwriters to the Company and the nondefaulting non-defaulting Selling StockholderStockholders, either (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 3, 4, 9, 1413, 15 and 18(c17(b) and (g) shall remain in full force and effect or (ii) elect to purchase the Shares which the non-defaulting Selling Stockholder has Stockholders have agreed to sell hereunder. No action taken pursuant to this Section 13 shall relieve any Selling Stockholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Stockholder as referred to in this Section 13, the Underwriter shall have the right to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding seven (7) days in order to effect any required change in the Registration Statement, the Pricing Disclosure Package or the Prospectus or in any other documents or arrangements.