Common use of Default by the Company Clause in Contracts

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. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default.

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 Underwriternon-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, liability in respect of such default.

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 Underwriter or, except as provided in Section 4(a)(vii), any Underwriternon-defaulting party. No action taken pursuant to this Section 10 9 shall relieve the Company from liability, if any, in respect of such default.

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 Underwriternon-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default.

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. No action taken pursuant to this Section 10 9 shall relieve the Company so defaulting from liability, if any, in respect of such default.

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 Underwriternon-defaulting party. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default.

Default by the Company. If the Company shall fail at the First Closing Date to sell issue and deliver the number of Securities which New Shares that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any Underwriter. No action taken pursuant to this Section 10 shall relieve the Company from liability, if any, in respect of such default.

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 Underwriternon-defaulting party. No action taken pursuant to this Section 10 9 shall relieve the Company from liability, if any, in respect of such default.

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. No action taken pursuant to this Section 10 shall relieve the Company so defaulting from liability, if any, in respect of such default.