Common use of Expenses of Termination Clause in Contracts

Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 hereof, the Company shall not then be under any liability to any Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall then be under no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Cerprobe Corp), Underwriting Agreement (Mannatech Inc), Underwriting Agreement (Natrol Inc)

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Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 hereof, the Company or the Selling Shareholders shall not then be under any liability to any Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company and the Selling Shareholders shall then be under no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Tier Technologies Inc), Underwriting Agreement (Evercel Inc), Underwriting Agreement (Tier Technologies Inc)

Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 9 hereof, the Company shall not then be under have any liability to any Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminatedterminated due to any of the conditions set forth in Section 7 hereof not having been met, or the Shares are not delivered by or on half of the Company as provided herein, the Company will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by youexpenses, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall then be under no not have any further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Quinton Cardiology Systems Inc), Underwriting Agreement (Quinton Cardiology Systems Inc)

Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 10 hereof, the Company and the Selling Stockholders shall not then be under any have no liability to any Underwriter except as provided in Section 8 7 and Section 10 9 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company and the Selling Stockholders shall then be under have no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 7 and Section 10 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Sanfilippo John B & Son Inc), Underwriting Agreement (Sanfilippo John B & Son Inc)

Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 9 hereof, the Company shall not then be under any liability to any Underwriter except as provided in Section 8 6 and Section 10 8 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall then be under no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 6 and Section 10 8 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (PCD Inc), Underwriting Agreement (PCD Inc)

Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 hereof, the Company shall not then be under any liability to any the Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you Underwriter for all out-of-pocket expenses approved in writing by you, including fees and disbursements of counsel, reasonably incurred by the Underwriters Underwriter in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall then be under no further liability to any the Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Evercel Inc)

Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 hereof, the Company and the Selling Shareholders shall not then be under any have no liability to any Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminated, or the transactions contemplated hereby shall not have been consummated due to any of the conditions set forth in Section 9 hereof not having been met, or the Shares are not delivered by or on behalf of the Company or the Selling Shareholders as provided herein, the Company and the Principal Selling Shareholder, jointly and severally, will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall then be under no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Synetics Solutions Inc)

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Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 hereof, neither the Company nor any Selling Shareholder shall not then be under have any liability to any Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by youexpenses, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but neither the Company nor any Selling Shareholder shall then be under no have any further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (A C Moore Arts & Crafts Inc)

Expenses of Termination. If this Agreement shall be terminated pursuant to Section 11 hereof, neither the Company nor any Selling Stockholder shall not then be under have any liability to any Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you for all out-of-pocket expenses approved in writing by youexpenses, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but neither the Company nor any Selling Stockholder shall then be under no have any further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Moldflow Corp)

Expenses of Termination. If this Agreement shall be terminated ----------------------- pursuant to Section 11 hereof, neither the Company nor any Selling Stockholder shall not then be under have any liability to any Underwriter except as provided in Section 8 and Section 10 hereof; but, if for any other reason this Agreement is terminated, the Company will reimburse the Underwriters through you for all out-out- of-pocket expenses approved in writing by you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but neither the Company nor any Selling Stockholder shall then be under no have any further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 8 and Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Registry Inc)

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