Effects of Termination on Shares. (a) If, after application and registration of the Firm Capital Increase with the Commercial Register of the Canton of Nidwalden pursuant to Section 3(b) prior to the Closing Date or the relevant Option Closing Date, as the case may be, this Agreement is terminated pursuant to Section 14, or if the delivery of the Firm Shares or Applicable Option Shares to Maxim Group LLC acting on behalf and for the account of the several Underwriters is not completed on the Closing Date or the relevant Option Closing Date, as the case may be (each, an “Event of Non-Completion”), and unless the Company and the Representatives, acting on behalf of the several Underwriters, otherwise agree within ten (10) calendar days after the Event of Non-Completion, then:
Effects of Termination on Shares. (a) If, after application and registration of the Capital Increase with the Commercial Register of the Canton of Vaud pursuant to Section 5(d), prior to the Closing Date, this Agreement is terminated pursuant to Section 10, or if the delivery of the Shares to Xxxxxxxxx LLC acting on behalf and for the account of the several Underwriters is not completed on the Closing Date (an “Event of Non-Completion”), and unless the Company and the Representatives, acting on behalf of the several Underwriters, otherwise agree within ten calendar days after the Event of Non-Completion, then:
Effects of Termination on Shares. (a) If, after application and registration of the Firm Capital Increase or any Over-Allotment Capital Increase with the Commercial Register of the Canton of Vaud pursuant to Section 6(d) or Section 7(c), prior to the Closing Date or the relevant Additional Closing Date, as the case may be, this Agreement is terminated pursuant to Section 11, or if the delivery of the Underwritten Shares or Applicable Option Shares to X.X. Xxxxxx Securities LLC acting on behalf and for the account of the several Underwriters is not completed on the Closing Date or the relevant Additional Closing Date, as the case may be (each, an “Event of Non-Completion”), and unless the Company and the Representatives, acting on behalf of the several Underwriters, otherwise agree within ten calendar days after the Event of Non-Completion, then (i) the Company shall have a call option pursuant to Section 12(b), (ii) if the call option is not exercised, the Representatives acting on behalf of the several Underwriters shall have a put option against the Company pursuant to Section 12(c), (iii) if the put option is not possible for legal reasons or insufficient to dispose of the Underwritten Shares or Applicable Option Shares, as applicable, or if such put option is not exercised within the deadline set forth in Section 12(c), the Company shall effect a capital reduction pursuant to Section 12(d); and (iv) if the capital reduction is not effected in accordance with Section 12(d), the Underwriters may sell the Underwritten Shares or Applicable Option Shares, as applicable, in the market as provided in Section 12(e).
Effects of Termination on Shares. (a) If, after application and registration of the Firm Capital Increase or any Over-Allotment Capital Increase with the Commercial Register of the Canton of Vaud pursuant to Section 5(c) or Section 6(b), prior to the Closing Date or the relevant Option Closing Date, as the case may be, this Agreement is terminated pursuant to Section 12, or if the delivery of the Firm Shares or Applicable Additional Shares to Xxxxxx Xxxxxxx & Co. LLC acting on behalf and for the account of the several Underwriters is not completed on the Closing Date or the relevant Option Closing Date, as the case may be (each, an “Event of Non-Completion”), and unless the Company and the Representatives, acting on behalf of the several Underwriters, otherwise agree within ten calendar days after the Event of Non-Completion, then:
