Effect of Termination Hereunder. Any termination of this Agreement pursuant to this Section 9 shall be without liability of any character (including, but not limited to, loss of anticipated profits or consequential damages) on the part of any party hereto, except that the Company shall remain obligated to pay the costs and expenses provided to be paid by it specified in Sections 3.5 and 5.7; and the Company and the Underwriters shall be obligated to pay, respectively, all losses, claims, damages or liabilities, joint or several, under Sections 6.1 or 6.4 in the case of the Company and Sections 6.2 or 6.4 in the case of the Underwriters.
Effect of Termination Hereunder. Termination of this Agreement pursuant to this Section 11 shall be without liability of any party to any other party, except as provided in Section 10 hereof.
Effect of Termination Hereunder. If the members of the Underwriting Group decide to terminate this Agreement pursuant to this Section 9 or the Company decides to terminate this Agreement pursuant to Section 10 hereof, such party shall provide notice of such determination to the other party. In such event, the Representative shall provide the Company with a statement of the Underwriting Group's actual accountable out of pocket expenses, which shall include but are not limited to, fees of legal counsel to the members of the Underwriting Group and the fees of independent consultants who are not directly or indirectly affiliated or associated with a member of the NASD and who are retained by the Underwriting Group to provide a service in connection with the due diligence investigation of the proposed offering, entertainment expenses, travel expenses, postage expenses, advertising costs, duplication expenses, long distance telephone expenses, and any other actual out of pocket accountable expense incurred by the Underwriting Group in connection with the proposed offering. The Representative shall not be required to include in such accountable expenses any of the expenses to be paid by the Company under Section 5.07 hereof, and, if the Underwriting Group has paid any of such expenses on behalf of the Company, the Company shall separately reimburse the Underwriting Group for such advances immediately upon receipt of a statement therefor from the Representative. If such actual accountable out of pocket expenses are more than the amount of the nonaccountable expense payments the Company has made to the Underwriting Group, the Underwriting Group will be entitled to keep the amount of the nonaccountable expense payments the Company has made to the Underwriting Group and, within 10 days after receipt by the Company of such statement, the Company will pay to the Representative the excess expenses the Underwriting Group has incurred, but if the actual accountable out of pocket expenses are less than the amount of nonaccountable expense payments the Underwriting Group has received from the Company, the Underwriting Group will return the difference to the Company. The Company, the members of the Underwriting Group, and the Selling Shareholders shall not have any liabilities to each other if the Company or the members of the Underwriting Group decide not to proceed with the proposed offering for any reason set forth in this Section 9 or in Section 10 hereof, except that the Company shall remain obligated ...
Effect of Termination Hereunder. Any termination of this Agreement pursuant to this Section 9 shall be without liability of any character (including, but not limited to, loss of anticipated profits or consequential damages) on the part of any party thereto; except that the Company shall remain obligated to pay the costs and expenses provided to be paid by it specified in Section 5.07; and the Company and the Representative shall be obligated to pay, respectively, all losses, claims, damages or liabilities, joint or several, under Section 6.01 in the case of the Company and Section 6.02 in the case of the Representative.
Effect of Termination Hereunder. Any termination of this ------------------------------- Agreement pursuant to this Article VII shall be without liability of any character (including, but not limited to, loss of anticipated profits or consequential damages) on the part of any party hereto, except that ATLANTIC shall remain obligated to pay the costs and expenses provided to be paid by it specified in Section 3.12 and ATLANTIC and the Agent shall be obligated to pay, respectively, all losses, claims, damages or liabilities, joint or several, under Article V.
Effect of Termination Hereunder. Any termination of this Agreement pursuant to this Section 9 shall be without liability of any character (including, but not limited to, loss of anticipated profits or consequential damages) on the part of any party hereto, except that the Company shall remain obligated to pay the costs and expenses provided to be paid by it specified in Sections 3.2, 3.4, and 5.7; and the Company and the Underwriter shall be obligated to pay, respectively, all losses, claims, damages or liabilities, joint or several, under Sections 6.1 or 6.4 in the case of the Company and Sections 6.2 or 6.4 in the case of the Underwriter. However, notwithstanding the foregoing, in the event the Offering is not completed pursuant to NASD Rule 2710(f)(2)(D) , the Underwriter and any other participating NASD members will receive only a reimbursement of out-of-pocket accountable expenses actually incurred.
Effect of Termination Hereunder. Any termination of this Agreement pursuant to this Section 10 shall be without liability of any character (including, but not limited to, loss of anticipated profits or consequential damages) on the part of any party thereto, except that the Company shall remain obligated to reimburse the Representative only for its out-of-pocket expenses on an accountable basis for all expenses provided to be paid by the Company, as specified in Subsections 4.02 and 6.07 and any costs, expenses, losses, claims, damages and liabilities as specified in Subsection 7.01. The Representative agrees to reimburse the Company for any unexpended portion of any previously advanced expense allowance not accounted for. The Representative and the several Underwriters shall remain liable to pay the costs and expenses, losses, claims, damages and liabilities in subsection 7.02.
Effect of Termination Hereunder. 27 SECTION 10................................................................. 27 Underwriter's Representations and Warranties............................... 27 10.01. Registration as Broker-Dealer and Member of NASD........... 27 10.02. No Pending Proceedings..................................... 27 SECTION 11................................................................. 27
Effect of Termination Hereunder. Any termination of this Agreement pursuant to this Section IX shall be without liability of any character (including, but not limited to, loss of anticipated profits or consequential damages) on the part of any party thereto, except that the Company shall remain obligated to pay the costs and expenses provided to be paid by it specified in Section 5.08.; and the Company and the Underwriter shall be obligated to pay, respectively, their own losses, claims, damages or liabilities, joint or several, under this Agreement. Upon such termination the Underwriter shall instruct the escrow agent to return any and all funds received from investors to fund the offering, at the expense of the Company.
Effect of Termination Hereunder. Any termination of this Agreement pursuant to this Article VI shall be without liability of any character (including, but not limited to, loss of anticipated profits or consequential damages) on the part of any party hereto, except that Homestead shall remain obligated to pay the costs and expenses provided to be paid by it in Section 3.12 hereof and Homestead and the Agent shall be obligated to pay, respectively, all losses, claims, damages or liabilities, joint or several, under Article IV hereof.
