Common use of Liability for Future Claims Clause in Contracts

Liability for Future Claims. Neither any statement by 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 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, we will be and remain liable for, and will pay on demand, (a) our proportionate share (based upon our underwriting obligation) 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 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 (1st Source Capital Trust Ii), Underwriting Agreement (1st Source Capital Trust Ii), Underwriting Agreement (First Banks Inc)

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Liability for Future Claims. Neither any statement by 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 Shares 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, we will be and remain liable for, and will pay on demand, (a) our proportionate share (based upon our underwriting obligation) 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 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 (Advanced Communication Systems Inc), Underwriting Agreement (Execustay Corp), Underwriting Agreement (Cavion Technologies Inc)

Liability for Future Claims. Neither any statement by you you, as Representative of the several Underwriters, 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 Shares 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, we will be and remain liable for, and will pay on demand, (a) our proportionate share (based upon our underwriting obligation) 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 based on the claim that the Underwriters constitute an association, unincorporated business, partnership, 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 1 contract

Samples: Underwriting Agreement (American Capital Strategies LTD)

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Liability for Future Claims. Neither any statement by you you, as Representatives of the several Underwriters, 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 Shares 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, we will be and remain liable for, and will pay on demand, (a) our proportionate share (based upon our underwriting obligation) 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 based on the claim that the Underwriters constitute an association, unincorporated business, partnership, 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 1 contract

Samples: Underwriting Agreement (Bankunited Financial Corp)

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