Default by the Company. If the Company shall fail at the 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 hereunder on such date, then this Agreement shall terminate without any liability on the part of the 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 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 hereunder on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and the Company shall remain liable for damages in respect of such defaultany 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 or at any Additional Closing Date, as the case may be, to sell and deliver the number of Securities which that it is obligated to sell hereunder on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and the Company shall remain liable for damages in respect of such defaultany Underwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Default by the Company. If the Company shall fail at the any Closing Date or at any Additional Closing Date, as the case may be, to sell and deliver the number of Securities Shares which it is obligated to sell hereunder on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and Underwriters. No action taken pursuant to this Section shall relieve the Company shall remain liable for damages 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 shall fail at the Closing Date or at any Additional the Option Closing Date, as the case may beapplicable, to sell and deliver the number of Securities which it is obligated to sell hereunder on such date, then this Agreement shall terminate without any liability on the part of the Underwriter and the Company shall remain liable for damages in respect of (or, if such default.
Appears in 1 contract
Samples: Underwriting Agreement (Professional Transportation Group LTD Inc)
Default by the Company. If the Company shall fail at the Initial 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 hereunder on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and the Company shall remain liable for damages in respect of such defaultany Underwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Connexa Sports Technologies Inc.)
Default by the Company. If the Company shall fail at the Closing Date or at any Additional 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 on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and Underwriter. No action taken pursuant to this Section shall relieve the Company shall remain liable for damages 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 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 hereunder on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and the Company shall remain liable for damages in respect of such defaultUnderwriters.
Appears in 1 contract
Default by the Company. If the Company or any Selling Stockholder 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 hereunder on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and the Company shall remain liable for damages in respect of such defaultany Underwriter.
Appears in 1 contract
Default by the Company. If the Company shall fail at or prior to 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 hereunder on such datehereunder, then this Agreement shall terminate without any liability on the part of the Underwriter and the Company shall remain liable for damages in respect of such defaultany Agents.
Appears in 1 contract
Samples: Placement Agency Agreement (Crossroads Systems Inc)
