Effectiveness; Default. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto. (a) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company shall be unable to perform its obligations under this Agreement, the Company will reimburse the Underwriter for all out-of-pocket expenses (including the fees and disbursements of their counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated hereunder. (b) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the Selling Shareholders to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Selling Shareholders shall be unable to perform their obligations under the Agreement, the Selling Shareholders, jointly and severally, will reimburse the Underwriter for all out-of-pocket expenses (including the fees and disbursements of their counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Axis Capital Holdings LTD), Underwriting Agreement (Axis Capital Holdings LTD)
Effectiveness; Default. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.
(a) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company shall be unable to perform its obligations under this Agreement, the Company will reimburse the Underwriter for all out-of-pocket expenses (including the fees and disbursements of their its counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated hereunder.
(b) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the any Selling Shareholders Shareholder to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the any Selling Shareholders Shareholder shall be unable to perform their its obligations under the Agreement, the Selling Shareholders, jointly and severally, will reimburse the Underwriter for all out-of-pocket expenses (including the fees and disbursements of their its counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Axis Capital Holdings LTD), Underwriting Agreement (Axis Capital Holdings LTD)
Effectiveness; Default. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.
(a) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company shall be unable to perform its obligations under this Agreement, the Company will reimburse the Underwriter for all out-of-pocket expenses (including the fees and disbursements of their its counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated hereunder.
(b) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the any Selling Shareholders Shareholder to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the any Selling Shareholders Shareholder shall be unable to perform their its obligations under the Agreement, the Selling Shareholders, jointly and severally, will reimburse the Underwriter for all out-of-out of pocket expenses (including the fees and disbursements of their its counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated thereby.
Appears in 1 contract
Effectiveness; Default. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.
(a) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company shall be unable to perform its obligations under this Agreement, the Company will reimburse the Underwriter for all out-of-pocket expenses (including the fees and disbursements of their counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated hereunder.
(b) If this Agreement shall be terminated by the Underwriter because of any failure or refusal on the part of the Selling Shareholders Shareholder to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Selling Shareholders Shareholder shall be unable to perform their its obligations under the Agreement, the Selling Shareholders, jointly and severally, Shareholder will reimburse the Underwriter for all out-of-pocket expenses (including the fees and disbursements of their its counsel) reasonably incurred by the Underwriter in connection with this Agreement or the offering contemplated thereby.
Appears in 1 contract