Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 53 contracts
Samples: Underwriting Agreement (Nyxoah SA), Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting partyUnderwriter.
Appears in 28 contracts
Samples: Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii), Section 4(b)(i), Section 4(b)(ii) and Section 6 hereof, any non-defaulting party.
Appears in 15 contracts
Samples: Purchase Agreement (Digi International Inc), Purchase Agreement (Neuronetics, Inc.), Underwriting Agreement (Zynex Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 10 contracts
Samples: Underwriting Agreement (Progenity, Inc.), Purchase Agreement (Cutera Inc), Purchase Agreement (Adamis Pharmaceuticals Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party.
Appears in 9 contracts
Samples: Underwriting Agreement (Miromatrix Medical Inc.), Underwriting Agreement (Eiger BioPharmaceuticals, Inc.), Underwriting Agreement (Mackinac Financial Corp /Mi/)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 7 contracts
Samples: Underwriting Agreement (Baudax Bio, Inc.), Purchase Agreement (Aptevo Therapeutics Inc.), Purchase Agreement (CONTRAFECT Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section Sections 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 6 contracts
Samples: Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting partythe Underwriter.
Appears in 6 contracts
Samples: Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (ENDRA Life Sciences Inc.), Purchase Agreement (Liqtech International Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(a)(viii) and Section 6 hereof, any non-defaulting party. 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: Underwriting Agreement (Sunshine Heart, Inc.), Purchase Agreement (Acelrx Pharmaceuticals Inc), Purchase Agreement (Acelrx Pharmaceuticals Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter ornondefaulting party. No action taken pursuant to this Section shall relieve the Company from liability, except as provided if any, in Section 4(a)(vii) and Section 6 hereof, any non-defaulting partyrespect of such default.
Appears in 4 contracts
Samples: Purchase Agreement (Marchex Inc), Purchase Agreement (Hoku Scientific Inc), Dexcom Inc
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting non‑defaulting party.
Appears in 4 contracts
Samples: Purchase Agreement (Infinity Pharmaceuticals, Inc.), Purchase Agreement (Fulgent Genetics, Inc.), Underwriting Agreement (Gemphire Therapeutics Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party. 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: Burnham Pacific Properties Inc, Eco Soil Systems Inc, Eco Soil Systems Inc
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter Underwriter, or, except as provided in Section 4(a)(vii) ), and Section 6 hereof6, any non-defaulting party. 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 (Electromed, Inc.), Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting non‑defaulting party.
Appears in 4 contracts
Samples: Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(f) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Oncolytics Biotech Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 4 contracts
Samples: Underwriting Agreement (Chain Bridge Bancorp Inc), Purchase Agreement (Aravive, Inc.), Purchase Agreement (CONTRAFECT Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter orUnderwriter. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, except as provided if any, in Section 4(a)(vii) and Section 6 hereof, any non-defaulting partyrespect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Sunshine Heart, Inc.), Underwriting Agreement (Sunshine Heart, Inc.), Underwriting Agreement (GenMark Diagnostics, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 4 contracts
Samples: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (BioPharmX Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii3(h) and Section 6 5 hereof, any non-non defaulting party. No action taken pursuant to this Section 8 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Inovio Pharmaceuticals, Inc.), Purchase Agreement (Inovio Pharmaceuticals, Inc.), Purchase Agreement (Inovio Pharmaceuticals, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii3(h) and Section 6 5 hereof, any non-non defaulting party. No action taken pursuant to this Section 8 shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Purchase Agreement (Medgenics, Inc.), Purchase Agreement (Medgenics, Inc.), Purchase Agreement (Medgenics, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date or at the Option Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof), any non-defaulting nondefaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Aqua Metals, Inc.), Underwriting Agreement (Aqua Metals, Inc.), Underwriting Agreement (Aqua Metals, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 3 contracts
Samples: Purchase Agreement (Research Frontiers Inc), Purchase Agreement (S&W Seed Co), Purchase Agreement (Research Frontiers Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(viii) and Section 6 hereof, any non-non defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Purchase Agreement (inContact, Inc.), Purchase Agreement (Coldwater Creek Inc), Purchase Agreement (Micromet, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(a)(viii) and Section 6 hereof, any non-defaulting party. 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 3 contracts
Samples: Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-defaulting party. 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 (Orient Paper Inc.), Purchase Agreement (Wonder Auto Technology, Inc), Purchase Agreement (Winner Medical Group Inc)
Default by the Company. If the Company shall fail at the First Closing Date or at the Option Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii) and Section 6 hereof), any non-defaulting party. 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 (Pedevco Corp), Underwriting Agreement (Harvard Apparatus Regenerative Technology, Inc.), Underwriting Agreement (Document Security Systems Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter orthe Underwriter. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, except as provided if any, in Section 4(a)(vii) and Section 6 hereof, any non-defaulting partyrespect of such default.
Appears in 3 contracts
Samples: Purchase Agreement (Vertex Energy Inc.), Purchase Agreement (EnteroMedics Inc), Purchase Agreement (EnteroMedics Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate automatically without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party.
Appears in 2 contracts
Samples: Underwriting Agreement (Leap Therapeutics, Inc.), Underwriting Agreement (Leap Therapeutics, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(vii) and Section 6 hereof, any non-non defaulting party. 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 (Dexcom Inc), Purchase Agreement (Hansen Medical Inc)
Default by the Company. (a) If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party. 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 (TEKMIRA PHARMACEUTICALS Corp), Underwriting Agreement (TEKMIRA PHARMACEUTICALS Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii3(g) and Section 6 5 hereof, any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Aveo Pharmaceuticals Inc), Purchase Agreement (Aveo Pharmaceuticals Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii), Section 4(b)(i) and Section 6 hereof, any non-defaulting party.
Appears in 2 contracts
Samples: Underwriting Agreement (Allied Esports Entertainment, Inc.), Underwriting Agreement (Airgain Inc)
Default by the Company. If the Company shall fail fail, at the First Closing Date Date, to sell and deliver the number of Securities which that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party.
Appears in 2 contracts
Samples: Purchase Agreement (S1 Biopharma, Inc.), Purchase Agreement (S1 Biopharma, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-non defaulting party. 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 2 contracts
Samples: Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Athersys, Inc / New)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(viii) and Section 6 hereof, any non-non defaulting party. 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 (MAKO Surgical Corp.), Purchase Agreement (MAKO Surgical Corp.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting non‑defaulting party.
Appears in 2 contracts
Samples: Underwriting Agreement (aTYR PHARMA INC), Purchase Agreement (aTYR PHARMA INC)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof6, any non-defaulting party. 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: 2007 Warrant Agreement (Iggys House, Inc.), Purchase Agreement Underwriters Warrant Agreement (Iggys House, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date or at the Option Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii) and Section 6 hereof), any non-defaulting nondefaulting party. 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 (Resonant Inc), Underwriting Agreement (Imprimis Pharmaceuticals, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii), Section 4(b)(i) and Section 6 hereof, any non-defaulting party.
Appears in 2 contracts
Samples: Purchase Agreement (Neogenomics Inc), Purchase Agreement (Conns Inc)
Default by the Company. If the Company shall fail at the First Closing Date or at an Option Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof), any non-defaulting nondefaulting party. 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 (Eton Pharmaceuticals, Inc.), Atomera Incorporated (Atomera Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, hereunder then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party.
Appears in 2 contracts
Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx Corp)
Default by the Company. If the Company shall fail at the First Closing Date or at an Option Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii) and Section 6 hereof), any non-defaulting nondefaulting party. 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 (Movano Inc.), Underwriting Agreement (Movano Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (DynaVox Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: TEKMIRA PHARMACEUTICALS Corp
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(a)(viii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: BioPharmX Corp
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii), Section 4(b)(i), Section 4(b)(ii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: Purchase Agreement (Uni-Pixel)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii6(a)(vii) and Section 6 8 hereof, any non-defaulting party.
Appears in 1 contract
Samples: Underwriting Agreement (TCP International Holdings Ltd.)
Default by the Company. If the Company shall fail at the First Firm Share Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii3(h) and Section 6 5 hereof, any non-defaulting party. 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 1 contract
Samples: Purchase Agreement (Vericel Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it each is respectively obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: Underwriting Agreement (Pfenex Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter orUnderwriter, except as provided in Section 4(a)(vii) 7 and Section 6 12 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii5(g) and Section 6 8 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii), Section 4(b)(i), Section 4(b)(ii) and Section 6 hereof, any non-defaulting nondefaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii4(a)(ix), Section 4(b)(i), Section 4(b)(ii) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company or any Selling Stockholders so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (AtriCure, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares and Warrants which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate automatically without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party. 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 and the Guarantors shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company or any Guarantor from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (American Medical Systems Holdings Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate be terminable, in the sole discretion of Xxxxx Xxxxxxx & Co., without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section Sections 4(a)(vii), 4(b)(i), 4(b)(ii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii), Section 4(b)(i), Section 4(b)(ii) and Section 6 hereof, any non-defaulting non‑defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(a)(viii) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Cryolife Inc
Default by the Company. If the Company shall fail at the First Closing Date or the Second Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Underwriting Agreement (TEKMIRA PHARMACEUTICALS Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company in respect of such default, if any.
Appears in 1 contract
Samples: Purchase Agreement (Hallmark Financial Services Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(vii) and Section 6 hereof, any non-non defaulting party. 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 shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(viiSections 4(a)(viii), 4(b)(ii) and Section 6 4(h) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, if any, in respect of such default.
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Default by the Company. If the Company shall fail at any Closing Date or at the First Option Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii) and Section 6 hereof), any non-defaulting party. 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 shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(viii) and Section 6 hereof, any non-non defaulting party. 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 shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Default by the Company. (a) If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-non defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
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Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Firm Share which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(f) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Underwriting Agreement (Skylight Health Group Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (AtriCure, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Firm Shares and Firm Warrants which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(f) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
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Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (Tengion Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii), Section 4(b)(i), Section 4(b)(ii) and Section 6 hereof, any non-defaulting non‑defaulting party.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-non defaulting party. No action taken pursuant to this Section 9 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 the First Closing Date to sell and deliver the number of Securities Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter ornondefaulting party. No action taken pursuant to this Section shall relieve the Company from liability, except as provided if any, in Section 4(a)(vii) and Section 6 hereof, any non-defaulting partyrespect of such default.
Appears in 1 contract
Samples: Purchase Agreement (Marchex Inc)
Default by the Company. (a) If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii4(g) and Section 6 hereof, any non-non defaulting party. No action taken pursuant to this Section 9 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 the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-non defaulting party. No action taken pursuant to this Section 9 shall not relieve the Company from liability, if any, in respect of such default.
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Default by the Company. If the Company shall fail at the First Closing Date to issue, sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: Purchase Agreement (MDxHealth SA)
Default by the Company. If the Company shall fail at the First Closing Date to sell issue and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(a)(viii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: EnerJex Resources, Inc.
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section Sections 4(a)(vii) and Section 6 4(b)(ii) hereof, any non-defaulting party. No action taken pursuant to this Section shall relieve the Company or the Selling Stockholder from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (American Oriental Bioengineering Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(vii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Default by the Company. (a) If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter the Underwriters or, except as provided in Section 4(a)(vii4(h) and Section 6 hereof, any non-non defaulting party. No action taken pursuant to this Section 0 shall not relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (Nanosphere Inc)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(a)(viii) and Section 6 hereof, any non-defaulting party.
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Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(viiSections 4(g) and Section 6 hereof, any non-defaulting party. 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 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter orUnderwriter, or except as provided in Section 4(a)(vii4(g) and Section 6 hereof6, or any non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
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Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any the Underwriter or, except as provided in Section 4(a)(vii3(g) and Section 6 5 hereof, any non-defaulting party. No action taken pursuant to this Section 8 shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date to sell issue and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter or, except as provided in Section 4(a)(vii4(a)(viii) and Section 6 hereof, any non-defaulting party.
Appears in 1 contract
Samples: EnerJex Resources, Inc.
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Firm Shares which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter Underwriter, or, except as provided in Section 4(a)(vii) 7 and Section 6 12 hereof, any non-defaulting party.
Appears in 1 contract
Samples: Pricing Agreement (Innocoll GmbH)
