Common use of Exercise of Termination Rights Clause in Contracts

Exercise of Termination Rights. The rights of termination contained in this Section 12 may be exercised by any of the Underwriters and are in addition to any other rights or remedies any of the Underwriters may have in respect of any default, act or failure to act or non-compliance by the Corporation in respect of any of the matters contemplated by this Agreement or otherwise. In the event of any such termination, there shall be no further liability on the part of the Underwriters to the Corporation or on the part of the Corporation to the Underwriters except in respect of any liability which may have arisen prior to or arise after such termination under Sections 9, 13 and 14. A notice of termination given by an Underwriter under this Section 12 shall not be binding upon any other Underwriter who has not also executed such notice. In the event that one or more, but not all of the Underwriters shall exercise the right of termination in this Section 12, any Underwriter shall have the right, but shall not be obligated, to purchase all of the Special Warrants which would otherwise have been purchased by the Underwriter(s) which has terminated. Nothing in this Section 12 shall oblige the Corporation to sell to the Underwriters less than all of the Special Warrants.

Appears in 2 contracts

Samples: Underwriting Agreement (HIVE Digital Technologies Ltd.), Underwriting Agreement (HIVE Blockchain Technologies Ltd.)

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Exercise of Termination Rights. The rights of termination contained in this Section 12 7(a) above may be exercised by the Underwriters by written notice to the Company, provided that neither the giving nor the failure to give such notice shall in any way affect any Underwriter’s entitlement to exercise this right at any time through to the applicable Closing Time. If this Agreement is terminated by any of the Underwriters pursuant to Section 7(a) above, there shall be no further liability on the part of such Underwriter, or of the Company to such Underwriter, except in respect of any liability which may have arisen or may thereafter arise under Sections 8 and are 10. The right of the Underwriters or any of them to terminate their respective obligations under this Agreement is in addition to any such other rights or remedies any of the Underwriters as they may have in respect of any default, act or failure to act or non-compliance by of the Corporation Company in respect of any of the matters contemplated by this Agreement or otherwise. In the event of any such termination, there shall be no further liability on the part of the Underwriters to the Corporation or on the part of the Corporation to the Underwriters except in respect of any liability which may have arisen prior to or arise after such termination under Sections 9, 13 and 14Agreement. A notice of termination given by an one Underwriter under this Section 12 7 shall not be binding upon any the other Underwriter who has not also executed such notice. In the event that one or more, but not all of the Underwriters shall exercise the right of termination in this Section 12, any Underwriter shall have the right, but shall not be obligated, to purchase all of the Special Warrants which would otherwise have been purchased by the Underwriter(s) which has terminated. Nothing in this Section 12 shall oblige the Corporation to sell to the Underwriters less than all of the Special WarrantsUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Midas Gold Corp.)

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Exercise of Termination Rights. The Any of the Underwriters shall be entitled to terminate and cancel its obligations hereunder in accordance with Sections 13 or 14 by written notice to that effect given to the Corporation and the other Underwriters at any time prior to the Closing, provided that neither the giving nor the failure to give any such notice shall in any way affect the Underwriters’ (or any one of their) entitlement to exercise such rights of termination contained in at any time through to the Closing Time. If an Underwriter exercises its right to terminate this Section 12 may be exercised Agreement, then the Corporation will immediately issue a press release. If this Agreement is terminated by any of the Underwriters pursuant to Sections 13 or 14, there shall be no further liability on the part of such Underwriter or of the Corporation to such Underwriter, except in respect of any liability which may have arisen against the Corporation prior to such termination or may arise against the Corporation after such termination in respect of acts or omissions prior to such termination or except under Section 18 (Indemnity) and are Section 19 (Expenses). The rights of the Underwriters or any one of them to terminate their respective obligations under this Agreement is in addition to any such other rights or remedies any of the Underwriters as they may have in respect of any default, act or failure to act or non-compliance by of the Corporation in respect of any of the matters contemplated by this Agreement or otherwise. In the event of any such termination, there shall be no further liability on the part of the Underwriters to the Corporation or on the part of the Corporation to the Underwriters except in respect of any liability which may have arisen prior to or arise after such termination under Sections 9, 13 and 14Agreement. A notice of termination given by an one Underwriter under this Section 12 Sections 13 or 14 shall not be binding upon any the other Underwriter who has not also executed such notice. In the event that one or more, but not all of the Underwriters shall exercise the right of termination in this Section 12, any Underwriter shall have the right, but shall not be obligated, to purchase all of the Special Warrants which would otherwise have been purchased by the Underwriter(s) which has terminated. Nothing in this Section 12 shall oblige the Corporation to sell to the Underwriters less than all of the Special WarrantsUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement

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