Common use of Liabilities Clause in Contracts

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc)

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Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof 20 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Liabilities. If this Agreement is terminated pursuant to Section 8(k) or this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 9 7(g) hereof, and except that, in the case of any termination of this Agreement, Section 69, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 16 and Section 22 hereof 17 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Sales Agreement (Sunesis Pharmaceuticals Inc), At the Market Issuance Agreement (Taseko Mines LTD), Sales Agreement (Sunesis Pharmaceuticals Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 16 and Section 22 20 hereof (and all related defined terms) shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: At the Market Issuance Sales Agreement (Cedar Realty Trust, Inc.), At the Market Issuance Sales Agreement (Ashford Hospitality Trust Inc), At the Market Issuance Sales Agreement (Aimco Properties Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 65, Section 1110, Section 11(d), Section 12, Section 17, Section 18, Section 21 11 and Section 22 hereof 19 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Ellington Residential Mortgage REIT), Equity Distribution Agreement (Ellington Financial Inc.), Equity Distribution Agreement (Ellington Financial Inc.)

Liabilities. If this Agreement is terminated pursuant to Section 9(r) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d)12, Section 1214, Section 15, Section 17, Section 18, Section 21 19, Section 24 and Section 22 25 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 8, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 16 and Section 22 19 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Liabilities. If this Agreement is terminated pursuant to Section 10(k) or this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 1713, Section 18, Section 21 18 and Section 22 hereof 24 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as party; provided in Section 9 hereof, that Sections 7 and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 8 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 Sections 8, 10 and 11 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 8, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, 17 and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 12 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, and Section 21 hereof, and Section 22 hereof the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 12 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 Sections 2 and 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 1110, Section 11(d), Section 12, Section 17, Section 18, Section 21 11 and Section 22 19 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement, Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1310, such termination shall be without liability of any party to any other party except as provided in Section 9 5 hereof, and except thatprovided further that Sections 1, in the case of any termination of this Agreement7, Section 68, Section 119, Section 11(d), Section 12, Section 1713, Section 14, 15, 16, 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 1713, Section 1814, Section 21 20 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 15 and Section 22 23 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Hawaiian Electric Co Inc), Equity Distribution Agreement (Cree, Inc.), Equity Distribution Agreement (Digimarc CORP)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 18, Section 17 and 21 hereof (and Section 22 hereof all related defined terms) shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1310, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, 5 hereof and except thatthat Sections 1, in the case of any termination of this Agreement7, Section 68, Section 119, Section 11(d), Section 12, Section 1713, Section 14, 15, 16, 18, Section 19, 20 and 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)

Liabilities. If this Agreement is terminated pursuant to Section 9(m) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 17 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 1216, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Genprex, Inc.), Equity Distribution Agreement (PLx Pharma Inc.), Equity Distribution Agreement (PLx Pharma Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 68, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 15 and Section 22 18 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Mind Technology, Inc), Equity Distribution Agreement (Mitcham Industries Inc), Equity Distribution Agreement (Mitcham Industries Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 12 and Section 22 hereof 20 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 12 and Section 22 23 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 13‎13, such termination shall be without liability of any party to any other party except as provided in Section 9 ‎8 hereof, and except that, in the case of any termination of this Agreement, Section 6‎5, Section 11‎10, Section 11(d)‎11, Section 12, Section 17, Section 18, Section 21 ‎12 and Section 22 ‎22 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 18, Section 12 and 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 8, Section 10, Section 11, Section 11(d), Section 1216, Section 17, Section 1823, Section 21 24 and Section 22 25 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Strongbridge Biopharma PLC)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 23 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Extra Space Storage LP), Equity Distribution Agreement (Extra Space Storage Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 hereofparty, and except thatprovided further that Sections 1, in the case of any termination of this Agreement7, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 8 and Section 22 hereof 12 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Melco Crown Entertainment LTD), Purchase Agreement (Melco Crown Entertainment LTD)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 610, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 15 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Duke Energy CORP), Equity Distribution Agreement (Duke Energy CORP)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 16 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 1110, Section 11(d), Section 12, Section 17, Section 18, Section 21 11 and Section 22 19 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Two Harbors Investment Corp.)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8(b) hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (Regency Centers Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 1110, Section 11(d), Section 12, Section 17, Section 18, Section 21 11 and Section 22 19 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Icad Inc), Equity Distribution Agreement (Sorrento Therapeutics, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 9 5 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 8, Section 119, Section 11(d)10, Section 1216, Section 17, Section 18, Section 21 17 and Section 22 18 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Seaport Entertainment Group Inc.), Dealer Manager Agreement (Seaport Entertainment Group Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.in

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d)12, Section 1214, Section 15, Section 17, Section 18, Section 19, Section 21 and Section 22 hereof 23 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party Party to any other party Party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d12, Section 13(f), Section 1219, Section 17, Section 18, Section 21 20 and Section 22 24 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Olympic Steel Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 11, Section 11(d), Section 12, Section 1713, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (NexPoint Residential Trust, Inc.), Equity Distribution Agreement (NexPoint Residential Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 13Section, such termination shall be without liability of any party to any other party except as provided in Section 9 7 hereof, and except thatprovided further that Sections 1, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 10 and Section 22 hereof 11 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (First National Bank of Commerce), Underwriting Agreement (First National Bank of Commerce)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 15 and Section 22 17 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Harvest Capital Credit Corp), Equity Distribution Agreement (Harvest Capital Credit Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 1713, Section 1814, Section 21 20, and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Equity One, Inc.), Equity Distribution Agreement (Equity One, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 9 7(h) hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 119, Section 11(d)10, Section 1216, Section 17, Section 18, Section 21 17 and Section 22 18 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 7(l) hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 119, Section 11(d)10, Section 12, Section 17, Section 18, Section 21 14 and Section 22 16 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Newtek Business Services Corp.), Equity Distribution Agreement (Hercules Technology Growth Capital Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 8, Section 10, Section 11, Section 11(d)16, Section 12, Section 17, Section 18, 17 and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Veritone, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

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Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65. , Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Kite Realty Group, L.P.)

Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof9, and except that, in the case of any termination of this Agreement, Section 65, Section 11, Section 11(d), Section 12, Section 1713, Section 18, and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 16 and Section 22 19 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8(b) hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 15 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Astronics Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13Section, such termination shall be without liability of any party to any other party except as provided in Section 9 13 hereof, and except thatprovided further that Sections 1, in the case of any termination of this Agreement9, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof 12 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Underwriting Agreement (IronPlanet Inc.)

Liabilities. If this Agreement is terminated pursuant to Section 9(l) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 17, Section 1818 and 23 hereof, Section 21 and Section 22 hereof the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (DXP Enterprises Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1313.05, such termination shall be without liability of any party to any other party except as provided in Section 9 13.01 hereof, provided that Sections 1, 13.02, 13.03, 13.04, 14.08 and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof 14.12 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Purchase Agreement (Terremark Worldwide Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 68, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 10 and Section 22 16 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Aileron Therapeutics, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 7 hereof, and except that, in the case of any termination of this Agreement, Section 64, Section 119, Section 11(d)10, Section 12, Section 17, Section 18, Section 21 11 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (DNP Select Income Fund Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 15 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Westrock Coffee Co)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 19 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ares Commercial Real Estate Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 11, Section 11(d), Section 12, Section 1713, Section 18, and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, the last sentence of Section 6(b) and Sections 10, 11, Section 11(d), Section 12, Section 14, 15, 17, Section 1820, Section 21 21, 22 and Section 22 23 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (STAG Industrial, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 1110, Section 11(d), Section 12, Section 17, Section 18, Section 21 11 and Section 22 hereof 19 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ellington Financial LLC)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 hereofparty, and except thatprovided further that Sections 1, in the case of any termination of this Agreement7, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 8 and Section 22 hereof 13 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Purchase Agreement (Melco Crown Entertainment LTD)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 16 and Section 22 23 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Elme Communities)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 8, Section 10, Section 11, Section 11(d), Section 12, Section 1713, Section 18, Section 21 16 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwest Natural Holding Co)

Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 139, such termination shall be without liability of any party to any other party except as provided in Section 9 4 hereof, and except that, provided further that Sections 6 and 7 (in the case event of any termination of this Agreementprior to Closing Time) and Sections 1, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 7 and Section 22 hereof 8 (in the event of termination subsequent to Closing Time) shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Senior Debt Agreement (Avaya Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1313.05, such termination shall be without liability of any party to any other party except as provided in Section 9 13.01 hereof, PROVIDED that Sections 1, 13.02, 13.03, 13.04, 14.08 and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof 14.12 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Purchase Agreement (Terremark Worldwide Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d)12, Section 1214, Section 15, Section 17, Section 18, Section 21 19 and Section 22 hereof 21 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (CMS Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 1110, Section 11(d), Section 12, Section 17, Section 18, Section 21 11 and Section 22 hereof 19 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ellington Financial Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 9 hereofSECTION 5(b) hereof (which shall survive such termination), and except thatprovided further that this SECTION 11(b) and SECTION 8, in the case of any termination of this AgreementSECTION 9, Section 6SECTION 10, Section 11SECTION 15, Section 11(d), Section 12, Section 17, Section 18, Section 21 SECTION 16 and Section 22 hereof SECTION 17 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Underwriting Agreement (Realnetworks Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party Party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 24 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (DMC Global Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, 6 hereof and except thatthat Sections 1, in the case of any termination of this Agreement8, Section 69, Section 1110, Section 11(d), Section 12, Section 1714, Section 1815, Section 21 16, 18 and Section 22 19 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Underwriting Agreement (Oil States International, Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 9 7(k) hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 119, Section 11(d)10, Section 12, Section 17, Section 18, Section 21 14 and Section 22 16 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Debt Distribution Agreement (Capital Southwest Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 10, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 12 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Gramercy Property Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 65, Section 11, Section 11(d), Section 12, Section 17, Section 18, and Section 21 and Section 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 118, Section 11(d)10, Section 1211 through 16, Section 17inclusive, Section 18, Section 21 and Section 22 18 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (ONCOSEC MEDICAL Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 6, Section 119, Section 11(d)11, Section 12, Section 17, Section 18, Section 21 17 and Section 22 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall will be without liability of any party to any other party except as provided in Section 9 4 hereof; provided, that the provisions of Sections 1, 7, 8, 9, 13, 14, 15, 16 and except that, in the case of any termination of this Agreement, Section 6, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 22 hereof 17 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Underwriting Agreement (Coastal Financial Corp)

Liabilities. If this Agreement is terminated pursuant to Section 9(l) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 6Sections 5, Section 10, 11, Section 11(d), Section 12, Section 13, 17, Section 18, Section 21 19, 23, 24, and Section 22 hereof 25 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (DXP Enterprises Inc)

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