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, at its option, by notice 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 and 8 shall remain in full force and effect. No action taken pursuant to this Section 10 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services 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 hereunder, then the Underwriter may, at its option, by notice to the Company and the Selling ShareholderCompany, terminate this Agreement without any liability on the fault of any non-defaulting party party, except that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 10 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Eastshore Aviation, LLC)
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 that it is obligated to sell hereunder hereunder, then the Underwriter may, at its option, by notice to the Company and the Selling Shareholder, terminate this Agreement shall terminate without any liability on the fault part of any non-defaulting party except party; provided, however, that the provisions of Sections 1, 4, 6, 7 7, 8, 12, 13, 14, 15, 16 and 8 18 shall remain in full force and effect. No action taken pursuant to this Section 10 11 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
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 hereunder, then the Underwriter Underwriters may, at its optionoption of the Representatives, by notice from the 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 and 8 shall remain in full force and effect. No action taken pursuant to this Section 10 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default.,
Appears in 1 contract
Samples: Purchase Agreement (Koninklijke Philips Electronics Nv)
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 hereunder, then the Underwriter Underwriters may, at its optionoption of the Representative, by notice from the Representative to the Company and the Selling ShareholderCompany, terminate this Agreement without any liability on the fault of any non-defaulting party except that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section 10 9 shall relieve the Selling Shareholder so defaulting from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Cisco Systems Inc