Default by the Selling Stockholders. If one or more of the Selling Stockholders shall fail or refuse on an Option Closing Date to sell and deliver the number of Shares that the Selling Stockholder is obligated to sell hereunder, then the Underwriters may, at the option of the Representatives, by notice from the Representatives to the Company and the Selling Stockholders, terminate this Agreement without liability on the part of any non-defaulting party. In any such case, where the Representatives waive such failure or refusal, any of the Representatives, the Company or the Selling Stockholders shall have the right to postpone the Option Closing Date but in no event for longer than seven days, in order that the required changes, if any, in the Registration Statement, in the Time of Sale Prospectus, in the Prospectus and in any other documents or arrangements may be effected. Any action taken under this Section shall not relieve the defaulting Selling Stockholder from liability in respect of any default of the Selling Stockholder under this Agreement.
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Samples: Underwriting Agreement (McBc Holdings, Inc.), Underwriting Agreement (McBc Holdings, Inc.)
Default by the Selling Stockholders. If one or more of the Selling Stockholders shall fail or refuse on an Option the Closing Date to sell and deliver the number of Shares that the Selling Stockholder is obligated to sell hereunder, then the Underwriters Underwriter may, at the option of the Representativesits option, by notice from the Representatives to the Company and the Selling Stockholders, terminate this Agreement without liability on the part of any non-defaulting party. In any such case, where the Representatives waive Underwriter waives such failure or refusal, any of the RepresentativesUnderwriter, the Company or the Selling Stockholders shall have the right to postpone the Option Closing Date but in no event for longer than seven days, in order that the required changes, if any, in the Registration Statement, in the Time of Sale Prospectus, in the Prospectus and in any other documents or arrangements may be effected. Any action taken under this Section shall not relieve the defaulting Selling Stockholder from liability in respect of any default of the Selling Stockholder under this Agreement.
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Default by the Selling Stockholders. If one or more of the Selling Stockholders shall fail or refuse on an Option the Closing Date to sell and deliver the number of Shares that the Selling Stockholder is obligated to sell hereunder, then the Underwriters may, at the option of the RepresentativesBaird, by notice from the Representatives Baird to the Company and the Selling StockholdersCompany, terminate this Agreement without liability on the part fault of any non-defaulting party. In any such case, where the Representatives waive such failure or refusal, case any of the RepresentativesBaird, the Company or the Selling Stockholders shall have the right to postpone the Option Closing Date but in no event for longer than seven days, in order that the required changes, if any, in the Registration Statement, in the Time of Sale Prospectus, in the Prospectus and in any other documents or arrangements may be effected. Any action taken under this Section shall not relieve the defaulting Selling Stockholder from liability in respect of any default of the Selling Stockholder under this Agreement.
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Default by the Selling Stockholders. If one or more of the Selling Stockholders shall fail or refuse on the Closing Date or an Option Closing Date to sell and deliver the number of Shares that the Selling Stockholder is obligated to sell hereunder, then the Underwriters Underwriter may, at the option of the Representativesits option, by notice from the Representatives to the Company and the Selling Stockholders, terminate this Agreement without liability on the part of any non-defaulting party. In any such case, where the Representatives waive Underwriter waives such failure or refusal, any of the RepresentativesUnderwriter, the Company or the Selling Stockholders shall have the right to postpone the Closing Date or an Option Closing Date but in no event for longer than seven days, in order that the required changes, if any, in the Registration Statement, in the Time of Sale Prospectus, in the Prospectus and in any other documents or arrangements may be effected. Any action taken under this Section shall not relieve the defaulting Selling Stockholder from liability in respect of any default of the Selling Stockholder under this Agreement.
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