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 to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may by notice from the 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, 14 and 15 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 11, the Underwriter shall have the right to postpone the Closing Time 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 4 contracts

Samples: Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)

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Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time Time, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may Underwriters may, at option of the Representative, by notice from the Underwriter Representative 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, 14 16, 17 and 15 18 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 11, each of the Underwriter Representative and the Company shall have the right to postpone the Closing Time Time, 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 (Veritiv Corp), Underwriting Agreement (Veritiv Corp)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may by notice from the Underwriter 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, 14 7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 10 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 1110, each of Xxxxxxx Xxxxx and the Underwriter Company shall have the right to postpone the Closing Time 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 (Gsi Commerce Inc)

Default by the Selling Shareholder. If the Selling ---------------------------------- Shareholder shall fail at the Closing Time or at a Date of Delivery to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may may, at its option, by notice from the Underwriter to the Company, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections Sections, 1, 4, 6, 7, 8, 14 7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 10 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 1110, each of the Underwriter and the Company shall have the right to postpone the Closing Time or Date of 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 (Cabot Industrial Properties Lp)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or at a Date of Delivery to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may Underwriters may, at the option of the Representatives, by notice from the Underwriter 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, 14 7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 11, each of the Underwriter Representatives shall have the right to postpone the Closing Time or Date of 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 (MF Global Ltd.)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may may, by notice from the 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, 14 7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 10 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 1110, each of the Underwriter and the Company shall have the right to postpone the Closing Time 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 (CSK Auto Corp)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time to sell and deliver the number of Securities Shares which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may Underwriters may, at their option, by notice from the Underwriter 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, 14 9 and 15 16 shall remain in full force and effect. No action taken pursuant to this Section 11 12 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 1112, each of the Underwriter Underwriters and the Company shall have the right to postpone the Closing Time 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 (Quest Diagnostics Inc)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time Time, as the case may be, to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may Underwriters may, at option of the Representative, by notice from the Underwriter Representative 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, 14 15, 16 and 15 17 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 11, each of the Underwriter Representative and the Company shall have the right to postpone the Closing Time Time, 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)

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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 to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may Underwriters may, at option of the Representatives, by notice from the Underwriter Representatives to the Company, Company and the Selling Shareholder terminate this Agreement without any liability on the fault of any non-non- defaulting party except that the provisions of Sections 1, 4, 6, 7, 8, 14 7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 11, each of the Underwriter Representatives and the Company shall have the right to postpone the Closing Time or Date of 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 to sell and deliver the number of Securities which the such Selling Shareholder is obligated to sell hereunder, then the Underwriter may may, by notice from the 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, 14 7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 10 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 1110, the Underwriter and the Company shall have the right to postpone the Closing Time 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 (MSC Industrial Direct Co Inc)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may Underwriters may, at option of the Representative, by notice from the Underwriter Representative to the CompanyCompany 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, 14 7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 11, each of the Underwriter Representative and the Company shall have the right to postpone the Closing Time 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 (Fei Co)

Default by the Selling Shareholder. If the Selling Shareholder shall fail at the Closing Time or at a Date of Delivery to sell and deliver the number of Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriter may Underwriters may, at the option of the Representatives, by notice from the Underwriter 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, 14 1,4,6,7 and 15 8 shall remain in full force and effect. No action taken pursuant to this Section 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default. In the event of a default by the Selling Shareholder as referred to in this Section 11, each of the Underwriter Representatives and the Company shall have the right to postpone the Closing Time or Date of 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: Underwriting Agreement (Pilgrims Pride Corp)

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