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.
Appears in 4 contracts
Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, 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.
Appears in 4 contracts
Samples: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Registration Rights Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Default by the Company. If the Company shall fail at the First Closing Date or at any Additional Closing Date, as the case may be, 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 Underwriterthe Underwriter and the Company shall remain liable for damages in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Lightspace Corp), Underwriting Agreement (Lightspace Corp), Underwriting Agreement (Lightspace Corp)
Default by the Company. If the Company shall fail at the First Closing Date to sell and deliver the number of Securities shares of Stock which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriternon-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 3 contracts
Samples: Underwriting Agreement (Medialink Worldwide Inc), Todd Ao Corp, Lomak Petroleum Inc
Default by the Company. If the Company shall fail at the First any 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 Underwriterthe Underwriters. No action taken pursuant to this Section shall relieve the Company so defaulting from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Top Image Systems LTD), Underwriting Agreement (TearLab Corp)
Default by the Company. If the Company or any Selling Stockholder 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.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Closing Date or the Option Closing Date, as the case may be, 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. 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 (TearLab 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 Underwriterthe Underwriters.
Appears in 1 contract
Default by the Company. (a) If the Company shall fail at the First Closing Date or any Option Closing Date to sell and deliver the aggregate number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriterthe Underwriters.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Canadian Solar Inc.)
Default by the Company. If the Company shall fail at the First Initial 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.
Appears in 1 contract
Samples: Underwriting Agreement (Connexa Sports Technologies Inc.)
