Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 66 contracts
Samples: Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (INVO Bioscience, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 4, 6, 7, 8, 914, 15, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 55 contracts
Samples: Underwriting Agreement (Alpha Cognition Inc.), Underwriting Agreement (Alpha Cognition Inc.), Underwriting Agreement (enVVeno Medical Corp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 914, 15, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 25 contracts
Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Equity Distribution Agreement (MidCap Financial Investment Corp), Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 9 hereof, and provided further that Sections 1, 6, 7, 8, 914, 15, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 22 contracts
Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Huntsman International LLC)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 4, 6, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 20 contracts
Samples: Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Vincerx Pharma, Inc.), Underwriting Agreement (Aquestive Therapeutics, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 SECTION 4 hereof, and provided further that Sections SECTION 1, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 14, SECTION 15, SECTION 16 and SECTION 17 shall survive such termination and remain in full force and effect.
Appears in 18 contracts
Samples: Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (Byline Bancorp, Inc.), Underwriting Agreement (Byline Bancorp, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 15, 16 16, 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 18 contracts
Samples: Underwriting Agreement (MeridianLink, Inc.), Underwriting Agreement (MeridianLink, Inc.), Underwriting Agreement (Playa Hotels & Resorts N.V.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 12, 13, 14, 15, 16 16, 17, 18, 19, 20 and 17 21 shall survive such termination and remain in full force and effect.
Appears in 17 contracts
Samples: Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 14, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 15 contracts
Samples: Purchase Agreement (Oil States International, Inc), Purchase Agreement (Harmonic Inc), Purchase Agreement (Kbr, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 916, 1517, 16 18, 19, and 17 20 shall survive such termination and remain in full force and effect.
Appears in 15 contracts
Samples: Underwriting Agreement (Navios Maritime Partners L.P.), Underwriting Agreement (Navios Maritime Acquisition CORP), Underwriting Agreement (Navios Maritime Partners L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 14 contracts
Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 1512, 16 13, 14, 15 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Underwriting Agreement (CNB Financial Corp/Pa), Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (CNB Financial Corp/Pa)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections Section 1, Section 6, Section 7, Section 8, Section 9, Section 14, Section 15, Section 16 and Section 17 shall survive such termination and remain in full force and effect.
Appears in 11 contracts
Samples: Underwriting Agreement (Independent Bank Group, Inc.), Underwriting Agreement (Valley National Bancorp), Underwriting Agreement (Valley National Bancorp)
Liabilities. If this Agreement is terminated pursuant to this SectionSection 13, such termination shall be without liability of any party to any other party except as provided in Section 5 8 hereof, and provided further that Sections 1except that, 7in the case of any termination of this Agreement, Section 5, Section 8, 9Section 10, 15Section 11, 16 Section 12, Section 13, Section 14, Section 17, Section 18 and 17 Section 22 hereof shall survive such termination and remain in full force and effect.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 916, 15, 16 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 10 contracts
Samples: Underwriting Agreement (J.Jill, Inc.), Underwriting Agreement (NV5 Global, Inc.), Underwriting Agreement (Veritiv Corp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 1512, 13, 14, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (TCP Capital Corp.), Underwriting Agreement (TCP Capital Corp.), Underwriting Agreement (Audeo Oncology, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 15, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (DZS Inc.), Underwriting Agreement (Celsius Holdings, Inc.), Underwriting Agreement (Dasan Zhone Solutions Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 913, 1514, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Jackson Acquisition Co), Underwriting Agreement (Jackson Acquisition Co), Underwriting Agreement (Mercato Partners Acquisition Corp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 913, 14, 15, 16 and 17 21 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Cardiol Therapeutics Inc.), Underwriting Agreement (Profound Medical Corp.), Underwriting Agreement (Cardiol Therapeutics Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 916, 1517, 16 18, 19 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Triton International LTD), Underwriting Agreement (Triton International LTD), Underwriting Agreement (Triton International LTD)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 917, 15, 16 18 and 17 19 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, LLC)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 1516, 16 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (HD Supply Holdings, Inc.)
Liabilities. If this Agreement is terminated pursuant to this SectionSection 12, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 5 hereof8 and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 13, Section 14, Section 16, Section 17, Section 18 and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 Section 20 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 12, 14, 15, 16 16, 17, 18, 19 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 13, 14, 15, 16 and 17 19 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Puma Biotechnology, Inc.), Underwriting Agreement (OvaScience, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 12, 13, 14, 15, 16 and 17 21 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (BlackRock TCP Capital Corp.), Underwriting Agreement (BlackRock TCP Capital Corp.), Underwriting Agreement (BlackRock TCP Capital Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 16, 7, 813, 914, 15, 16 19, 20 and 17 22 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 1514, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 12, 14, 15, 16 16, 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Ashford Hospitality Prime, Inc.), Underwriting Agreement (Braemar Hotels & Resorts Inc.), Underwriting Agreement (Ashford Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 813, 9, 15, 16 14 and 17 15 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Hudson Technologies Inc /Ny), Underwriting Agreement (Synthetic Biologics, Inc.), Underwriting Agreement (Synthetic Biologics, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 914 , 15, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Aimmune Therapeutics, Inc.), Underwriting Agreement (Netgear, Inc), Underwriting Agreement (Arlo Technologies, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 1512, 13, 14, 15 and the last sentence of 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Valley National Bancorp), Purchase Agreement (Valley National Bancorp), Underwriting Agreement (Valley National Bancorp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (UNIVEST FINANCIAL Corp), Underwriting Agreement (UNIVEST FINANCIAL Corp), Purchase Agreement (Sabre Industries, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 12, 14, 15, 16 16, 17, 18 and 17 19 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 910, 1512, 13 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Lepercq Corporate Income Fund L P), Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 15, 15 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement (GAN LTD)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 913, 15, 16 16, 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 1516, 16 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 74(b), 6 through 8, 911 through 19, 15, 16 22 and 17 23 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 15, 16 16, 17, 18 and 17 19 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Triton International LTD), Underwriting Agreement, Underwriting Agreement (Triton International LTD)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 13, 14, 15, 16 16, 17, 19 and 17 22 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)
Liabilities. If this Underwriting Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 1513, 14, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Finwise Bancorp), Underwriting Agreement (Community Heritage Financial, Inc.), Underwriting Agreement (Community Heritage Financial, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and ; provided further that Sections 1, 6, 7, 8, 911, 1512, 16 13, 14 and 17 15 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)
Liabilities. If this Agreement is terminated pursuant to Section 5 or this SectionSection 9, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further except that Sections 1, 4(b), 6, 7, 8, 911, 12, 13, 14, 15, 16 17, 18, 19 and 17 20 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (Patrick Industries Inc), Purchase Agreement (Patrick Industries Inc), Purchase Agreement (Patrick Industries Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 912, 13, 14, 15, 16 16, 17, 18, 19 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 16, 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (DZS Inc.), Underwriting Agreement (CannTrust Holdings Inc.), Underwriting Agreement (Southeastern Grocers, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 914, 15, 16 and 17 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Ceribell, Inc.), Underwriting Agreement (Fractyl Health, Inc.), Underwriting Agreement (Grocery Outlet Holding Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 15, 16 16, 17, 18, 19 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Theravance Biopharma, Inc.), Underwriting Agreement (Theravance Biopharma, Inc.), Underwriting Agreement (Theravance Biopharma, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 914, 15, 16 17 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 SECTION 4 hereof, and provided further that Sections SECTION 1, SECTION 7, SECTION 8, SECTION 9, SECTION 14, SECTION 15, SECTION 16 and SECTION 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Colony Bankcorp Inc), Underwriting Agreement (Cambridge Bancorp), Underwriting Agreement (First Bancshares Inc /MS/)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 12, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 6 hereof, and provided further that Sections 1, 7, 8, 9, 1510, 16 16, 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Arena Group Holdings, Inc.), Underwriting Agreement (Intrusion Inc), Underwriting Agreement (Universal Technical Institute Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as party; provided in Section 5 hereof, and provided further that Sections 1, 6, 7, 8, 914, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Piedmont Lithium Inc.), Underwriting Agreement (Piedmont Lithium LTD), Underwriting Agreement (Piedmont Lithium LTD)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 914, 15, 15 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (RAPT Therapeutics, Inc.), Underwriting Agreement (RAPT Therapeutics, Inc.), Underwriting Agreement (RAPT Therapeutics, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof5, and provided further that Sections 1, 7, 8, 9, 15, 16 9 and 17 14 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Carmax Auto Funding LLC), Underwriting Agreement (CarMax Auto Owner Trust 2011-1), Underwriting Agreement (CarMax Auto Owner Trust 2010-3)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 16, 17, 18 and 17 19 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Grocery Outlet Holding Corp.), Underwriting Agreement (Grocery Outlet Holding Corp.), Underwriting Agreement (Grocery Outlet Holding Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 14, 6, 7, 8, 914, 15, 16 and 17 shall survive such termination and remain in full force and effect, and provided that if any Securities have been purchased hereunder, the representations and warranties in Sections 1, 2 and 8 shall also remain in effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Evolus, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, ; and provided further that Sections 1, 6, 7, 8, 914, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (MeiraGTx Holdings PLC), Underwriting Agreement (MeiraGTx Holdings PLC), Underwriting Agreement (MeiraGTx Holdings PLC)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 1513, 16 14 and 17 15 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Prospect Energy Corp), Underwriting Agreement (Prospect Capital Corp), Underwriting Agreement (Gladstone Investment Corporation\de)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof5, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Southern First Bancshares Inc), Underwriting Agreement (Southern First Bancshares Inc), Underwriting Agreement
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 14, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (CenterState Banks, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 1515 , 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Quintana Energy Services Inc.), Underwriting Agreement (Quintana Energy Services Inc.), Underwriting Agreement
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 6 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Identiv, Inc.), Underwriting Agreement (Audioeye Inc), Underwriting Agreement (Universal Technical Institute Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 916, 15, 16 18 and 17 19 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 7 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Spark Networks Inc), Underwriting Agreement (Spark Networks Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and ; provided further that Sections 1, 6, 7, 8, 9, 15, 16 13 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 8 hereof, and provided further that Sections 15, 710, 811, 912, 14, 15, 16 16, 18, 19 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (TCP Capital Corp.), Equity Distribution Agreement (TCP Capital Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 1516, 16 17 and 17 18 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.)
Liabilities. If this Agreement is terminated pursuant to this SectionSection 8, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, 6 hereof and provided further except that Sections 13, 74, 810, 911, 12, 13, 14, 15, 16 16, 17, 18, 19, 20, 21 and 17 22 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (NETSTREIT Corp.), Underwriting Agreement (NETSTREIT Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 5, 7, 8, 9, 15, 16 12 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 1516, 16 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Harvard Apparatus Regenerative Technology, Inc.), Purchase Agreement (Salix Pharmaceuticals LTD)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 5(b) hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 6 hereof, and provided further that Sections 1, 7, 8, 9, 12, 13, 15, 16 17, 18, 19, 20, [21], [22], [23] and 17 [24] hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Takeda Pharmaceutical Co LTD), Underwriting Agreement (Takeda Pharmaceutical Co LTD)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections Section 1, 7, 8, Section 9, 15Section 10, 16 Section 11, Section 16, Section 17 and 17 Section 18 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Napco Security Technologies, Inc), Underwriting Agreement (Napco Security Technologies, Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof5, and provided further that Sections 1, 7, 8, 9, 15, 16 9 and 17 13 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Fat Brands, Inc), Note Purchase Agreement (Fat Brands, Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further provided, further, that Sections 1, 6, 7, 8, 914, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 912, 15, 13 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Purchase Agreement (Lexington Realty Trust), Purchase Agreement (Lexington Realty Trust)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and ; provided further that Sections 1, 6, 7, 8, 911, 1512, 16 13, 14 and 17 15 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Priam Properties Inc.), Underwriting Agreement (Farmland Partners Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 SECTION 4 hereof, and provided further that Sections SECTION 1, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 15, 16 SECTION 16, SECTION 17 and 17 SECTION 18 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Enterprise Financial Services Corp), Underwriting Agreement (United Community Banks Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 1510, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Claros Mortgage Trust, Inc.), Underwriting Agreement (Claros Mortgage Trust, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 1514, 16 15,16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Purchase Agreement (Cypress Semiconductor Corp /De/), Purchase Agreement (Cypress Semiconductor Corp /De/)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 917, 15, 16 19 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, ; and provided further that Sections 1, 6, 7, 8, 913, 15, 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Homology Medicines, Inc.), Underwriting Agreement (Homology Medicines, Inc.)
Liabilities. If this Agreement is terminated pursuant to this SectionSection 8, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further except that Sections 1, 6, 7, 810, 911, 1512, 16 13, 14, 16, 17, 18 and 17 19 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (CRH Public LTD Co), Underwriting Agreement (CRH Public LTD Co)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 1512, 16 16, 17 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 6 hereof, and provided further that Sections 1, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16 16, 17, 18, 19, 20, 21, 22 and 17 23 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Placement Agency Agreement (NewLake Capital Partners, Inc.), Placement Agency Agreement (NewLake Capital Partners, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 9, 15, 16 15,16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (WisdomTree Investments, Inc.), Underwriting Agreement (WisdomTree Investments, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 1512, 16 16, 17, 18, 20, 21 and 17 22 shall survive such termination and remain in full force and effect and, if any Securities have been purchased hereunder, the representations and warranties in Section 1 shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Chicago Atlantic Real Estate Finance, Inc.), Underwriting Agreement (AFC Gamma, Inc.)
Liabilities. If this Agreement is terminated pursuant to this SectionSection 5, such termination shall be without liability of any party to any other party except as provided in Section 5 11 hereof, and provided further that Sections 16, 7, 8, 9, 1510, 11, 12, 14 and 16 and 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Gold Standard Ventures Corp.), Underwriting Agreement (Gold Standard Ventures Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 12, 13, 14, 15, 16 16, 17, 18, 19, 20, 21 and 17 22 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Purchase Agreement (Innovative Industrial Properties Inc), Purchase Agreement (Innovative Industrial Properties Inc)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 SECTION 4 hereof, and provided further that Sections SECTION 1, SECTION 4, SECTION 7, SECTION 8, SECTION 9, SECTION 14, SECTION 15, SECTION 16 and SECTION 17 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Atlantic Union Bankshares Corp), Underwriting Agreement (Union Bankshares Corp)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, 9, 15, 16 9 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 4, 6, 7, 8, 912, 14, 15, 16 16, 17 and 17 19 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Office Properties Income Trust)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 7, 8, 9, 1517, 16 19, 20 and 17 21 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 912, 13, 14, 15, 16 16, 17, 18, 19, 20, 21 and 17 22 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (COMSovereign Holding Corp.), Underwriting Agreement (Youngevity International, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 912, 13, 15, 16 16, 17, 18 and 17 19 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 4, 6, 7, 8, 912, 13, 14, 15, 16 and 17 18 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 5 4 hereof, and provided further that Sections 1, 6, 7, 8, 911, 12, 13, 14, 15, 16 17 and 17 20 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)
