Common use of Default by the Selling Shareholder Clause in Contracts

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the Underwriters, by notice from the Underwriters to the Company terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Shareholder as referred to in this Section 11, each of the Underwriters and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 3 contracts

Samples: VWR Corporation (VWR Corp), Underwriting Agreement (VWR Corp), Underwriting Agreement (VWR Corp)

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Default by the Selling Shareholder. If the Selling Shareholder shall fail at on the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the Underwriterstheir sole option, by notice from the Underwriters to the Company Company, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 15, 49, 6, 7, 8, 15, 16 10 and 17 19 shall remain in full force at all times be effective and effect. No action taken pursuant to this Section 11 shall relieve any Selling Shareholder so defaulting from liability, if any, in respect of survive such defaulttermination. In the event of a default by any Selling Shareholder as referred to in this Section 11such case, each of either the Underwriters and or the Company shall have the right to postpone the Closing Time or any Date of DeliveryDate, as the case may be, but in no event for a period not exceeding longer than seven days in order that the required changes, if any, to effect any required change in the Registration Statement, any Issuer Free Writing Prospectus, the General Disclosure Package Preliminary Prospectus or the Prospectus or in any other documents or arrangementsarrangements may be effected. Any action taken under this Section 12 shall not relieve the Selling Shareholder from liability in respect of any default of the Selling Shareholder under this Agreement.

Appears in 2 contracts

Samples: Intercontinental Exchange, Inc., Intercontinental Exchange, Inc.

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is are obligated to sell hereunder, then the Underwriters may, at option of the Underwriters, by notice from the Underwriters to the Company Underwriter may either (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effecteffect or (ii) elect to purchase the Securities which the Company has agreed to sell hereunder. No action taken pursuant to this Section 11 shall relieve any the defaulting Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Underwriter and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 2 contracts

Samples: Underwriting Agreement (CK Hutchison Holdings LTD), Underwriting Agreement (Hutchison China MediTech LTD)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at the option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company Company, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 89, 1516, 16 17 and 17 18 shall remain in full force and effect. No action taken pursuant to this Section 11 12 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 1112, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 2 contracts

Samples: Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at the option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company Company, either (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effecteffect or (ii) elect to purchase the Securities which the Selling Shareholder has agreed to sell hereunder. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven calendar days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (OM Asset Management PLC)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver transfer the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company Company, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (Fleetmatics Group PLC)

Default by the Selling Shareholder. (a) If the Selling Shareholder shall fail at the Closing Time or at a Date of Delivery, as the case may be, Delivery to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company either (a) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 7 and 17 8 shall remain in full force and effecteffect or (b) elect to purchase the Securities which the Company has agreed to sell hereunder. No action taken pursuant to this Section 11 shall relieve any Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, Delivery for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package Statement or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Capitol Bancorp LTD

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a the Date of Delivery, as the case may be, to sell and deliver the number of Securities Shares which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at the option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company Company, terminate this Agreement without any liability on the fault part of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 1516, 16 17 and 17 18 hereof shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any the Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Delek US Holdings, Inc.

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representatives, and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (Everbridge, Inc.)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentative, by notice from the Underwriters Representative to the Company Company, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representative and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (Veritiv Corp)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters Underwriter may, at option of the UnderwritersUnderwriter, by notice from the Underwriters Underwriter to the Company terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Shareholder as referred to in this Section 11, each of the Underwriters Underwriter and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (VWR Corp)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company Company, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 75, 8, 159, 16 10, 17, 18 and 17 19 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 1113, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (Hanson Building Products LTD)

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Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or at a Date of Delivery, as the case may be, Delivery to sell and deliver the number of U.S. Securities which the Selling Shareholder is obligated to sell hereunder, then the U.S. Underwriters may, at option of the UnderwritersU.S. Representatives, by notice from the Underwriters U.S. Representatives to the Company and the Selling Shareholder, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 7 and 17 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters U.S. Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, Delivery for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package Statement or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Purchase Agreement (Wellpoint Health Networks Inc /Ca/)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any Selling Shareholder as referred to in this Section 11, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (VWR Corp)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a the Date of Delivery, as the case may be, to sell and deliver the number of Securities Shares which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at the option of the UnderwritersRepresentative, by notice from the Underwriters Representative to the Company Company, terminate this Agreement without any liability on the fault part of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 1516, 16 17 and 17 18 hereof shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representative and the Company shall have the right to postpone the Closing Time or any the Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the 27 Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Delek US Holdings, Inc.

Default by the Selling Shareholder. If the Selling Shareholder shall fail at on the Closing Time Date or a any Option Closing Date of Delivery, as the case may be, to sell and deliver the number of Securities Firm Shares or Option Shares which the Selling Shareholder is obligated to sell hereunder, hereunder then the Underwriters may, at option of the UnderwritersRepresentative, by notice from the Underwriters Representative to the Company terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 12, 44.10.1, 6, 710.3, 810.4, 15, 16 10.5 and 17 11.6 shall remain in full force and effect. No action taken pursuant to this Section 11 8 shall relieve any the Selling Shareholder so defaulting from liability, if any, liability in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 118, each of the Underwriters and the Company Representative shall have the right to postpone the Closing Time Date or any Date of Delivery, as the case may beOption Closing Date, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Pricing Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (T20 Holdings Ltd.)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company and the Selling Shareholder, (i) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters and the Company Representatives shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (Loma Negra Compania Industrial Argentina Sociedad Anonima)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters mayMerxxxx Xxnxx xxy, at option of the Underwritersits option, by notice from Merxxxx Xxnxx xx the Underwriters to the Company Company, either (a) terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 5 and 17 7 shall remain in full force and effecteffect or (b) elect to purchase the Securities which the Selling Shareholder has agreed to sell hereunder. No action taken pursuant to this Section 11 9 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 119, each of the Underwriters and the Company shall Merxxxx Xxnxx xxall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package Statement or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (Metlife Inc)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the UnderwritersRepresentatives, by notice from the Underwriters Representatives to the Company and the Selling Shareholder either terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 and 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve any the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by any the Selling Shareholder as referred to in this Section 11, each of the Underwriters Representatives and the Company shall have the right to postpone the Closing Time or any Date of Delivery, as the case may be, for a period not exceeding seven days in order to effect any required change in the Registration Statement, the General Disclosure Package or the Prospectus or in any other documents or arrangements.

Appears in 1 contract

Samples: Underwriting Agreement (Millicom International Cellular Sa)

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