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 (Alexza 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, 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 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 (Aytu Biopharma, Inc), Underwriting Agreement (SharpSpring, 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 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 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: Underwriting Agreement (Sundial Growers Inc.), Underwriting Agreement (Sundial Growers Inc.), Underwriting Agreement (Sundial Growers 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 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 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: International Purchase Agreement (Gafisa S.A.), Purchase Agreement (Golfsmith International Holdings Inc), Purchase Agreement (Bally Total Fitness Holding Corp)
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 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 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 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 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 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 (Lasik America Inc), Underwriting Agreement (Lasik America Inc), Underwriting Agreement (Lasik America 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 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 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 (Commtouch Software LTD), Common Stock Purchase Agreement (Eloquent Inc), 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 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: Underwriting Agreement (DZS Inc.), Underwriting Agreement (Celsius Holdings, Inc.), Underwriting Agreement (Dasan Zhone Solutions 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: Underwriting Agreement (Royal Caribbean Cruises LTD), Underwriting Agreement (Royal Caribbean Cruises LTD), Underwriting 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 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 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.), Underwriting Agreement (Globalstar, Inc.), Purchase Agreement (Theravance 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 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 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 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 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), Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (ALKALINE WATER Co 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), Purchase Agreement (Municipal Mortgage & Equity LLC)
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 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.), Underwriting Agreement (Tectonic Financial, Inc.)
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), Underwriting Agreement (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 number of Securities that shares of Stock 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 3 contracts
Samples: Underwriting Agreement (Todd Ao Corp), Underwriting Agreement (Lomak Petroleum Inc), Underwriting Agreement (Medialink Worldwide 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 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 (Netbank Inc), Underwriting Agreement (SCP Pool 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 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 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), 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 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), Underwriting Agreement (Winston Hotels 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), Exhibit (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 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 (Gulf Island Fabrication Inc), Underwriting Agreement (Conrad Industries 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, 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 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 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 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 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: Underwriting Agreement (Quintana Energy Services Inc.), Underwriting Agreement
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 (Regeneration Technologies Inc), Underwriting Agreement (Abiomed 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 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: Underwriting Agreement (Vidatron Entertainment Group Inc), Underwriting Agreement (Peace Arch Entertainment Group 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 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: Underwriting Agreement (Alteon Inc /De), Underwriting Agreement (Alteon Inc /De)
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. (a) If the Company shall fail at the First Closing Time or at the Date of Delivery to sell and deliver the number aggregate 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 party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. Initial Purchaser.
(b) No action taken pursuant to this Section 10 shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Finisar Corp), Purchase Agreement (Finisar 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 (Darwin Professional Underwriters Inc), Purchase Agreement (Alleghany Corp /De)
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 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 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 (DDR Corp), Underwriting Agreement (Developers Diversified Realty 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 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 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 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 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 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 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), Underwriting Agreement (North Pointe Holdings 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; 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: u.s. Purchase Agreement (Mih LTD), International Purchase Agreement (Mih LTD)
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), Underwriting 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 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 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 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 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 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 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 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 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 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 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 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: Underwriting Agreement (Pikeville National Corp), Underwriting Agreement (Ncbe Capital Trust I)
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 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: Underwriting Agreement (Compudyne Corp), Underwriting Agreement (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 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 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 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 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 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 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 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 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 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 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 5 hereof and except that the provisions of Sections 18, 4, 6, 7 9 and 8 10 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 1 contract
Default by the Company. If the Company or the Selling Shareholder 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 7 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 or the Selling Shareholder from liability, if any, in respect of to such default.
Appears in 1 contract
