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 nondefaulting 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 (Hoku Scientific Inc), Purchase Agreement (Marchex Inc), Common Stock Purchase Agreement (Dexcom 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 nondefaulting 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: Underwriting Agreement (Eco Soil Systems Inc), Underwriting Agreement (Burnham Pacific Properties Inc), Underwriting Agreement (Eco Soil Systems 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 the Underwriters or, except as provided in Section 4(a)(vii), any nondefaulting 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 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 the Underwriter or, except as provided in Section 4(a)(vii), any 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 nondefaulting partyUnderwriter. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Endocardial Solutions Inc), Purchase Agreement (Endocardial Solutions 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 the Underwriters or, except as provided in Section 4(a)(vii), any 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 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 the Underwriters or, except as provided in Section 4(a)(vii), any 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 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 the Underwriter or, except as provided in Section 4(a)(vii), any 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.), Underwriting Agreement (Atomera 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 nondefaulting 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 hereunderhereunder on such date, then this Agreement shall terminate without any liability on the part of any nondefaulting partynon-defaulting party other than pursuant to Sections 5, 7 and 9 hereof. 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
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 nondefaulting 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
Samples: Purchase Agreement (Marchex 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 the Underwriter or, except as provided in Section 4(a)(vii), any nondefaulting 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 nondefaulting 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. 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 the Underwriters or, except as provided in Section 4(a)(vii), any nondefaulting 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 total principal amount of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, liability 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 that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party. No action that shall be taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Ultimate Electronics 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 deliver hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting 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 Date, as applicable, to sell and deliver the number of Securities which it is obligated to sell hereunderhereunder on such date, then this Agreement shall terminate without any liability on the part of any nondefaulting partynon-defaulting party other than pursuant to SECTION 8 and SECTION 10 hereof. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Underwriting Agreement (Frost Hanna Capital 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 nondefaulting non-defaulting party. No action taken pursuant to this Section shall relieve the Company from liability, if any, 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 nondefaulting party. No action shall be taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
