Common use of If the Offering is not Consummated Clause in Contracts

If the Offering is not Consummated. If the Offering contemplated by this Agreement is not consummated because any condition to the obligations of the Underwriters set forth in Section 4 hereof is not satisfied, because of any termination pursuant to Section 9.2(i) or (ii) hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel, “road show” and due diligence expenses) that shall have been incurred by them in connection with the proposed Offering up to a maximum of $50,000.

If the Offering is not Consummated. If the Offering contemplated by this Agreement is not consummated because any condition to the obligations of the Underwriters set forth in Section 4 5 hereof is not satisfied, because of any termination pursuant to Section 9.2(i10.2(i) or (ii) hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel, “road show” and due diligence expenses) that shall have been incurred by them in connection with the proposed Offering up to a maximum of $50,000Offering.

If the Offering is not Consummated. If the Offering contemplated by this Agreement is not consummated because any condition to the obligations of the Underwriters set forth in Section 4 hereof is not satisfied, because of any termination pursuant to Section 9.2(i) or (ii) hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel, “road show” and due diligence expenses) that shall have been incurred by them in connection with the proposed Offering up to a maximum of $50,000Offering.