Common use of Liability for Future Claims Clause in Contracts

Liability for Future Claims. Neither any statement by you, as Representative of the Underwriters, of any credit or debit balance in our account nor any reservation from distribution to cover possible additional expenses relating to the Securities shall constitute any representation by you as to the existence or nonexistence of possible unforeseen expenses or liabilities of or charges against the several Underwriters. Notwithstanding the distribution of any net credit balance to us or the termination of this Agreement, or both, we shall be and remain liable for, and will pay on demand, (a) our proportionate share (based on our underwriting obligations) of all expenses and liabilities which may be incurred by, or for the accounts of the Underwriters, including any liability which may be incurred by the Underwriters or any of them, and (b) any transfer taxes paid after such settlement on account of any sale or transfer for our account.

Appears in 18 contracts

Samples: Underwriting Agreement (Whitney Information Network Inc), Nations Express (Nations Express Inc), Amiga Telephony Corp

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Liability for Future Claims. Neither any statement by you, as Representative of the Underwriters, you of any credit or debit balance in our account nor any reservation from distribution to cover possible additional expenses relating to the Designated Preferred Securities shall will constitute any representation by you as to the existence or nonexistence of possible unforeseen expenses or liabilities of or charges against the several Underwriters. Notwithstanding the distribution of any net credit balance to us or the termination of this Agreement, or bothus, we shall will be and remain liable for, and will pay on demand, (a) our proportionate share (based on upon our underwriting obligationsobligation) of all expenses and liabilities which may be incurred by, by or for the accounts of the Underwriters, including any liability which may be incurred by the Underwriters or any of themthem based on the claim that the Underwriters constitute an association, unincorporated business, partnership, or any separate entity, and (b) any transfer taxes paid after such settlement on account of any sale or transfer for our account.

Appears in 4 contracts

Samples: Underwriting Agreement (First Banks Inc), Underwriting Agreement (1st Source Capital Trust Ii), Underwriting Agreement (1st Source Capital Trust Ii)

Liability for Future Claims. Neither any statement by you, as Representative of the Underwriters, of any credit or debit balance in our account nor any reservation from distribution to cover possible additional expenses relating to the Securities Shares shall constitute any representation by you as to the existence or nonexistence non-existence of possible unforeseen expenses or liabilities of or charges against the several Underwriters. Notwithstanding the distribution of any net credit balance to us or the termination of this Agreement, Agreement or both, we shall be and remain liable for, and will pay on demand, (a) our proportionate share (based on our underwriting obligations) of all expenses and liabilities which may be incurred by, by or for the accounts of the Underwriters, including any liability which may be incurred by the Underwriters or any of themthem based on the claim that the Underwriters constitute an association, unincorporated business, partnership or any separate entity, and (b) any transfer taxes paid after such settlement on account of any sale or transfer for our account.

Appears in 3 contracts

Samples: HLM Design Inc, TBC Capital Statutory Trust, HLM Design Inc

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Liability for Future Claims. Neither any statement by you, as Representative of the Underwriters, of any credit or debit balance in our account nor any reservation from distribution to cover possible additional expenses relating to the Securities shall will constitute any representation by you as to the existence or nonexistence of possible unforeseen expenses or liabilities of or charges against the several Underwriters. Notwithstanding the distribution of any net credit balance to us or the termination of this Agreement, or both, we shall be will be, and remain liable for, and will pay on demand, demand (a) our proportionate share (based on our underwriting obligations) of all expenses and liabilities which may be incurred by, or for the accounts of the Underwriters, including any liability which may be incurred by the Underwriters or any of them, and (b) any transfer taxes paid after such settlement on account of any sale or transfer for our account.

Appears in 1 contract

Samples: Mgi2 Inc

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