Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 47 contracts
Samples: Underwriting Agreement (CTO Realty Growth, Inc.), Underwriting Agreement (DiamondRock Hospitality Co), Purchase Agreement (DiamondRock Hospitality Co)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 18 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Purchase Agreement (Pebblebrook Hotel Trust)
Default by the Company. If the Company shall fail at the First Closing Time or at the Date of Delivery to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 16 contracts
Samples: Underwriting Agreement (Optimer Pharmaceuticals Inc), Underwriting Agreement (Optimer Pharmaceuticals Inc), Purchase Agreement (Daystar Technologies Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 14 contracts
Samples: Underwriting Agreement (Adamas Pharmaceuticals Inc), Underwriting Agreement (Everbridge, Inc.), Underwriting Agreement (Adamas Pharmaceuticals Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 14 contracts
Samples: Underwriting Agreement (New Fortress Energy LLC), Underwriting Agreement (Virgin Trains USA LLC), Underwriting Agreement (New Fortress Energy LLC)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 12 contracts
Samples: Underwriting Agreement (NephroGenex, Inc.), Underwriting Agreement (Dynex Capital Inc), Underwriting Agreement (Erickson Air-Crane Inc)
Default by the Company. (a) If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 11 contracts
Samples: Underwriting Agreement (WashingtonFirst Bankshares, Inc.), Underwriting Agreement (QCR Holdings Inc), Underwriting Agreement (Chemical Financial Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 17 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 10 contracts
Samples: Underwriting Agreement (Colony Capital, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 9(b), 11, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 9 contracts
Samples: Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (SharpSpring, Inc.), Aytu Biopharma, Inc
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 7 contracts
Samples: Underwriting Agreement (CTO Realty Growth, Inc.), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number principal amount of Underwritten Securities that which it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this Agreement such agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of other than obligations under Sections 1, 4, 6, 7 6 and 8 shall remain in full force and effect10 hereof. No action taken pursuant to this Section 12 shall relieve the Company from liability, if any, in respect of such default.
Appears in 7 contracts
Samples: Underwriting Agreement (DDR Corp), Underwriting Agreement (DDR Corp), Underwriting Agreement (DDR Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 9(b), 11, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 7 contracts
Samples: Agreement (Sundial Growers Inc.), Underwriting Agreement (Helios & Matheson Analytics Inc.), Underwriting Agreement (Helios & Matheson Analytics Inc.)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 7 contracts
Samples: Purchase Agreement (Gafisa S.A.), Purchase Agreement (Golfsmith International Holdings Inc), Purchase Agreement (Insituform Technologies Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number principal amount of Underwritten Securities that which it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this Agreement such agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effectother than obligations under Section 10 hereof. No action taken pursuant to this Section 12 shall relieve the Company from liability, if any, in respect of such default.
Appears in 7 contracts
Samples: Underwriting Agreement (DDR Corp), Underwriting Agreement (Developers Diversified Realty Corp), Underwriting Agreement (Developers Diversified Realty Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 6 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Chatham Lodging Trust), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number principal amount of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 11, 15, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 6 contracts
Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities Notes that it is they are obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 67, 7 8 and 8 9 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 6 contracts
Samples: Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Underwriting Agreement (HCA Holdings, Inc.), Underwriting Agreement (HCA Holdings, Inc.), Underwriting Agreement (HCA Holdings, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number of Offered Securities that it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this the applicable Terms Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, non-defaulting party except to the extent provided in Section 7 hereof and except that the provisions of Sections 110, 4, 6, 7 11 and 8 12 hereof shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC)
Default by the Company. If the Company shall fail at the First Closing Time or at the Date of Delivery to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Purchase Agreement (Eloquent Inc), Purchase Agreement (Commtouch Software LTD), Purchase Agreement (Metabolix, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or or, at the Date of Delivery Delivery, if any, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number aggregate principal amount of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting partyUnderwriter; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Underwriting Agreement (Apache Corp), Underwriting Agreement (Apache Corp), Underwriting Agreement (Apache Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 11 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery Date, to sell and deliver the number of Securities that which it is obligated to sell hereunderhereunder on such date, then this Agreement shall terminate without any liability on the part of any nondefaulting party; providednon-defaulting party other than pursuant to Section 5, however, that the provisions of Sections 1, 4, 6, Section 7 and 8 shall remain in full force and effectSection 10 hereof. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Underwriting Agreement (Snapshot Inc), Underwriting Agreement (Lasik America Inc), Underwriting Agreement (Lasik America Inc)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 18 and 8 19 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Underwriting Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, provided that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or the Bank from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Guaranty Bancshares Inc /Tx/)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as applicable, to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 12, 13, 14, 15, 16 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT)
Default by the Company. If the Company shall fail at the Closing Time or at the any Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections Section 1, Section 4, Section 6, 7 Section 7, Section 8, Section 15 and 8 Section 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Bitauto Holdings LTD), Underwriting Agreement (Nobao Renewable Energy Holdings LTD), Underwriting Agreement (Qihoo 360 Technology Co LTD)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the total number of Underwritten Securities that which it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this Agreement such agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of other than obligations under Sections 1, 4, 6, 7 6 and 8 shall remain in full force and effect10 hereof. No action taken pursuant to this Section 12 shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (SITE Centers Corp.), Underwriting Agreement (SITE Centers Corp.), Underwriting Agreement (DDR Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 9(b), 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Misonix Inc), Delcath Systems, Inc., ALKALINE WATER Co INC
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Purchase Agreement (Wintrust Financial Corp), Purchase Agreement (Wintrust Financial Corp), Purchase Agreement (Wintrust Financial Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 13, 15, 16, 17 and 8 19 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT), Purchase Agreement (Government Properties Income Trust)
Default by the Company. If the Company shall fail at the Closing Time or at Date (or, in the case of an Option Closing Date of Delivery that is subsequent to the Closing Date for the Firm Shares) to sell the number of Securities Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 45, 67, 7 8, 9, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Common Stock (DZS Inc.), Underwriting Agreement (Celsius Holdings, Inc.), Underwriting Agreement (Dasan Zhone Solutions Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery ---------------------- to sell and deliver the number of Securities that which it is obligated to sell hereunderhereunder on such date, then this Agreement shall terminate, you may, at your option, by notice from you to the Company, terminate your obligation to purchase the Securities from the Company on such date without any liability on the part of any nondefaulting party; provided, however, that the provisions of non-defaulting party other than pursuant to Sections 1, 4, 65, 7 and 8 shall remain in full force and effect10 hereof. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Mirage Holdings Inc), Underwriting Agreement (Mirage Holdings Inc), Underwriting Agreement (Mirage Holdings Inc)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Globalstar, Inc.), Purchase Agreement (Theravance Inc), Underwriting Agreement (Globalstar, Inc.)
Default by the Company. If the Company shall fail at Closing the applicable Time or at the Date of Delivery to sell and deliver the number principal amount of Underwritten Securities that it is obligated to sell hereundersell, then this the applicable Terms Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, non-defaulting party except to the extent provided in Section 5 and except that the provisions of Sections 13(d), 45, 68, 7 9, 10 16, 17 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Terms Agreement (Royal Caribbean Cruises LTD), Terms Agreement (Royal Caribbean Cruises LTD), Terms Agreement (Royal Caribbean Cruises LTD)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except that the provisions of Sections 1, 4, 6, 7 7, 8, 15, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (Intercept Pharmaceuticals Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (United Community Banks Inc), Underwriting Agreement (First Busey Corp /Nv/), Underwriting Agreement (Wintrust Financial Corp)
Default by the Company. If the Company shall fail at the Closing Time Date or at the Date of Delivery any Additional Closing Date, as applicable, to sell and deliver the number of Securities that which it is obligated to sell hereunderhereunder on such date, then this Agreement shall terminate without any liability on the part of any nondefaulting party; providednon-defaulting party other than pursuant to Section 5, however, that the provisions of Sections 1, 4, 6, Section 7 and 8 shall remain in full force and effectSection 10 hereof. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Coates Motorcycle Co LTD), Underwriting Agreement (Coates Motorcycle Co LTD), Coates Motorcycle Co LTD
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 17 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the aggregate number of Securities Firm Shares that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Section 6 and except that the provisions of Sections 1, 4, 6, 7 and Section 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of to such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Precision Auto Care Inc), Underwriting Agreement (SCP Pool Corp), Netbank Inc
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number of Offered Securities that it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this the applicable Terms Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, non-defaulting party except to the extent provided in Section 7 hereof and except that the provisions of Sections 19, 4, 6, 7 10 and 8 11 hereof shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the number principal amount of Underwritten Securities that which it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this Agreement such agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effectother than obligations under Section 10 hereof. No action taken pursuant to this Section 12 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Developers Diversified Realty Corp), Underwriting Agreement (Developers Diversified Realty Corp), Terms Agreement (Developers Diversified Realty Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number principal amount of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 17 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at Date (or, in the case of an Option Closing Date of Delivery that is subsequent to the Closing Date for the Firm Shares) to sell the number of Securities Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 45, 67, 7 8, 9, 15, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Identiv, Inc.), Underwriting Agreement (Audioeye Inc), Underwriting Agreement (Universal Technical Institute Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting Underwriter or, except as provided in Section 4(h) and Section 6 hereof, any non defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 9 shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Idera Pharmaceuticals, Inc.)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Underwriting Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, provided that the provisions of Sections 1, 4, 6, 7 7, 8, 9, 13, 14, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or the Bank from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Community Heritage Financial, Inc.), Underwriting Agreement (Community Heritage Financial, Inc.), Tectonic Financial, Inc.
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the aggregate number of Securities Firm Shares that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Section 4 and except that the provisions of Sections 1, 4, 6, 7 and 8 Section 6 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of to such default.
Appears in 3 contracts
Samples: Underwriting Agreement (United Investors Realty Trust), Underwriting Agreement (Conrad Industries Inc), Underwriting Agreement (Gulf Island Fabrication Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number of Offered Securities that it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this the applicable Terms Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, non-defaulting party except to the extent provided in Section 6 hereof and except that the provisions of Sections 19, 4, 6, 7 10 and 8 11 hereof shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (HSBC Holdings PLC), Purchase Agreement (HSBC Holdings PLC), Purchase Agreement (HSBC Holdings PLC)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15, 16, 17, 18, 19 and 8 20 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Theravance Biopharma, Inc.), Underwriting Agreement (Theravance Biopharma, Inc.), Underwriting Agreement (Theravance Biopharma, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 43, 5, 6, 7 and 8 10 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Purchase Agreement (Municipal Mortgage & Equity LLC), Purchase Agreement (Municipal Mortgage & Equity LLC), Municipal Mortgage & Equity LLC
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery Option Closing Time to sell and deliver the aggregate number of Securities Shares that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Section 4 and except that the provisions of Sections 1, 4, 6, Section 6 and 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of to such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Winston Hotels Inc), Underwriting Agreement (Winston Hotels Inc), Letter Agreement (Winston Hotels Inc)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (James River Group, INC), Underwriting Agreement (James River Group, INC), Underwriting Agreement (Semco Energy Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 , 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Quintana Energy Services Inc., ir.quintanaenergyservices.com
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Underwriting Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, provided that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or the Bank from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (ServisFirst Bancshares, Inc.), Underwriting Agreement (ServisFirst Bancshares, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the respective aggregate number of Securities Firm Shares that it is they are obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Section 4 and except that the provisions of Sections 1, 4, 6, 7 and 8 Section 6 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such its default.
Appears in 2 contracts
Samples: Underwriting Agreement (First NLC Financial Services Inc), North Pointe Holdings Corp
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the aggregate number of Securities Shares that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, except to the extent provided in Section 4 and except that the provisions of Sections 1, 4, 6, Section 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such its default.
Appears in 2 contracts
Samples: Underwriting Agreement (LTC Properties Inc), Underwriting Agreement (LTC Properties Inc)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Clean Energy Fuels Corp.), Purchase Agreement (Clean Energy Fuels Corp.)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 16, 17, 18, 19 and 8 20 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Triton International LTD), Underwriting Agreement (Triton International LTD)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the respective aggregate number of Securities Firm Shares that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Section 6 and except that the provisions of Sections 1, 4, 6, 7 and 8 Section 9 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Windrose Medical Properties Trust), Underwriting Agreement (Gladstone Commercial Corp)
Default by the Company. If the Company or any of the Selling Stockholders shall fail at the Closing Time or at the Date of Delivery to sell and deliver the aggregate number of Securities Firm Shares that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non- defaulting party; provided, however, except to the extent provided in Section 6 and except that the provisions of Sections 1, 4, 6, 7 and Section 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or any of the Selling Stockholders from liability, if any, in respect of to such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Superior Energy Services Inc)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Underwriting Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, provided that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or the Bank from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Merchants Bancorp), Underwriting Agreement (Live Oak Bancshares, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number of Registered Securities that which it is obligated to sell hereunderhereunder on such date, then this Agreement shall terminate without any liability on the part of any nondefaulting party; providednon-defaulting party other than pursuant to Section 7, however, that the provisions of Sections 1, 4, 6, 7 Section 9 and 8 shall remain in full force and effectSection 12 hereof. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Placement Agent Agreement (Casull Arms Corp), Placement Agent Agreement (Casull Arms Corp)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Alleghany Corp /De), Purchase Agreement (Darwin Professional Underwriters Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting partyUnderwriter; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Apache Corp), Underwriting Agreement (Apache Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Tennessee Commerce Bancorp, Inc.), Underwriting Agreement (Tennessee Commerce Bancorp, Inc.)
Default by the Company. If the Company shall fail at the First Closing Time Date or at any Option Closing Date, as the Date of Delivery case may be, to sell the number of Securities Offered Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 67, 7 9, 10, 13 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting the non-defaulting party; provided, however, that the provisions of Sections 1, 4, 67, 7 8, 9, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (UNIVEST FINANCIAL Corp), Underwriting Agreement (UNIVEST FINANCIAL Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number of Securities that Firm Shares which it is obligated to sell hereunder, then this Agreement shall terminate 15 without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Alteon Inc /De, Alteon Inc /De
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 14 and 8 15 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Heartland Financial Usa Inc), Underwriting Agreement (Wintrust Financial Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number aggregate principal amount of Firm Securities that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Section 4 and except that the provisions of Sections 1, 4, 6, 7 and 8 Section 6 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of to such default.
Appears in 2 contracts
Samples: Compudyne Corp, Compudyne Corp
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery ---------------------- to sell and deliver the number total principal amount of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, liability in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Bre Properties Inc /Md/), Underwriting Agreement (Bre Properties Inc /Md/)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the total number of Underwritten Securities that which it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this Agreement such agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effectother than obligations under Section 10 hereof. No action taken pursuant to this Section 12 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Developers Diversified Realty Corp), Terms Agreement (Developers Diversified Realty Corp)
Default by the Company. (a) If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 11(a) shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Utstarcom (Utstarcom Inc), Underwriting Agreement (Utstarcom Inc)
Default by the Company. If the Company or the Trust shall fail at the Closing Time or at the Date of Delivery to sell and deliver the aggregate number of Firm Preferred Securities that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Section 4 and except that the provisions of Sections 1, 4, 6, 7 and 8 Section 6 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or the Trust from liability, if any, in respect of to such default.
Appears in 2 contracts
Samples: Ncbe Capital Trust I, Pikeville National Corp
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 3(o), 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or the Bank from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (State National Bancshares, Inc.), Purchase Agreement (SNB Bancshares Inc)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 45, 67, 7 8 and 8 9 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (First Midwest Bancorp Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 61,6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Default by the Company. If the Company shall fail at the Closing Time or at Date (or, in the case of an Option Closing Date of Delivery that is subsequent to the Closing Date for the Firm Shares) to sell the number of Securities Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 15, 47, 68, 7 9, 13, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Akoustis Technologies, Inc.), Underwriting Agreement (Akoustis Technologies, Inc.)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number amount of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15 and 8 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Wintrust Financial Corp), Underwriting Agreement (Wintrust Financial Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 16, 17, 18, 19 and 8 20 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Triton International LTD), Underwriting Agreement (Triton International LTD)
Default by the Company. If the Company shall fail at the Closing Time Date, or at the Date of Delivery Additional Closing Date, if any, to sell the number of Securities Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 42, 67, 7 9, 10 and 8 14 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Correvio Pharma Corp.), Underwriting Agreement (Cardiome Pharma Corp)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1I, 4IV, 6VI, 7 VII and 8 VIII shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Civista Bancshares, Inc.), Underwriting Agreement (Southside Bancshares Inc)
Default by the Company. If the Company shall fail at Closing ---------------------- Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 6 and 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Poppe Tyson Inc), Purchase Agreement (Poppe Tyson Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Underwriters or, except as provided in Sections 6 and 10 hereof, any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Merit Medical Systems Inc), Underwriting Agreement (Merit Medical Systems Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting partyUnderwriter; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 15, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Rexnord Corp), Underwriting Agreement (Rexnord Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)
Default by the Company. If the Company shall fail at on the First Closing Time or at the Date of Delivery to sell the number of Securities Common Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; providedPROVIDED, howeverHOWEVER, that the provisions of Sections 1, 4, 68, 7 9 and 8 12 shall remain in full force and effect. No action taken pursuant to this Section 13 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Abiomed Inc), Underwriting Agreement (Regeneration Technologies Inc)
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; providedPROVIDED, howeverHOWEVER, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Mih LTD), Mih LTD
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the total number of Underwritten Securities that which it is obligated to sell hereunderpursuant to the applicable Terms Agreement, then this Agreement such agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effectother than obligations under Section 10 hereof. No action taken pursuant to this Section 12 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Terms Agreement (DDR Corp), Underwriting Agreement (Developers Diversified Realty Corp)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to ---------------------- sell and deliver the number of Securities that Firm Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Mgi Pharma Inc), Purchase Agreement (Mgi Pharma Inc)
Default by the Company. If the Company shall fail at the First ---------------------- Closing Time or at the Date of Delivery to sell and deliver the respective aggregate number of Securities Firm Shares that it is obligated to sell hereundersell, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, except to the extent provided in Sections 5(i) and 10(d) and except that the provisions of Sections 1, 4, 6, 7 and Section 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such its default.
Appears in 2 contracts
Samples: Vidatron Entertainment Group Inc, Peace Arch Entertainment Group Inc
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities Depositary Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 16, 17, 18, 19 and 8 20 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Textainer Group Holdings LTD), Underwriting Agreement (Textainer Group Holdings LTD)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Theravance Inc), Underwriting Agreement (Theravance Inc)
Default by the Company. If the Company shall fail at the Closing Time or at the any Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections Section 1, Section 4, Section 6, 7 Section 7, Section 8, Section 14 and 8 Section 16 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (SinoTech Energy LTD), Underwriting Agreement (SinoTech Energy LTD)
Default by the Company. If the Company shall fail at the Closing Time or at the a Date of Delivery Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 14, 15, 16 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Wowo LTD), Underwriting Agreement (Wowo LTD)
Default by the Company. If the Company shall fail at the Closing Time or at the Date of Delivery to sell and deliver the number aggregate principal amount of Securities Notes that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 12, 13, 14, 15, 16 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Underwriting Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, provided that the provisions of Sections 1, 4, 6, 7 7, 8, 9, 16, 17 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company or the Bank from liability, if any, in respect of such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8 and 8 17 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
