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 Representatives, by notice from the Representatives to the Selling Shareholder and 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 the Selling Shareholder so defaulting from liability, if any, in respect of such default.
Appears in 6 contracts
Samples: Underwriting Agreement (National Australia Bank LTD), Underwriting Agreement (Great Western Bancorp, Inc.), Underwriting Agreement (National Australia Bank LTD)
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 Securities which the Selling Shareholder is obligated to sell hereunder, then the Underwriters may, at option of the Representatives, by notice from the Representatives to the Selling Shareholder Company and the CompanySelling 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 the Selling Shareholder so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (Navteq Corp)
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 Securities which the Selling Shareholder is obligated to sell hereunder, hereunder then the Underwriters may, at option of the Representatives, by notice from the Representatives to the Selling Shareholder Company and the CompanySelling 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 the Selling Shareholder so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Purchase Agreement (Lincoln Educational Services 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 hereunderhereunder (except for any failure due to the events described in Section 9, in which case the termination rights set forth in Section 9 shall apply), then the Underwriters may, at option of the RepresentativesXxxxxxx Xxxxx, by notice from the Representatives Xxxxxxx Xxxxx to the Selling Shareholder Company and the CompanySelling Shareholder, may terminate this Agreement Agreement, without any liability on the fault part of any non-defaulting party party, except that the provisions of Sections 1, 4, 6, 7, 8, 15, 16 14 and 17 15 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.
Appears in 1 contract
Samples: Underwriting Agreement (Air Transport Services Group, Inc.)