Obligation of Underwriters to Purchase. The obligation of the Underwriters to purchase the Underwritten Securities or the Optional Securities, as the case may be, shall be several and not joint or joint and several and shall be limited as regards each Underwriter to the percentage of the Underwritten Securities or the Optional Securities, as the case may be, set out opposite the name of such Underwriters respectively below: CIBC World Markets Inc. 32.0% TD Securities Inc. 22.5% Scotia Capital Inc. 18.0% BMO Nesbitt Burns Inc. 10.0% Xxxxxxxl Xxxx Financial Inc. 10.0% Griffiths McBurney & Partners 7.5% ---------- 100% If an Underwriter (a "REFUSING UNDERWRITER") does not complete the purchase and sale of the Underwritten Securities or the Optional Securities, as the case may be, that Underwriter has agreed to purchase under this Agreement (other than in accordance with paragraph 10) the ("DEFAULTED SECURITIES"), CIBC World Markets may delay the closing date for not more than five (5) days and the remaining Underwriters (the "CONTINUING UNDERWRITERS") will be entitled, at their option, to purchase all but not less than all of the Defaulted Securities pro rata according to the number of Underwritten Securities or Optional Securities, as the case may be, to have been acquired by the Continuing Underwriters under this Agreement or in any proportion agreed upon, in writing, by the Continuing Underwriters. If no such arrangement has been made and the number of Defaulted Securities to be purchased by the Refusing Underwriter(s) does not exceed 10% of the Underwritten Securities or the Optional Securities, as the case may be, the Continuing Underwriters will be obligated to purchase the Defaulted Securities on the terms set out in this Agreement in proportion to their obligations under this Agreement. If the number of Defaulted Securities to be purchased by Refusing Underwriters exceeds 10% of the Underwritten Securities or the Optional Securities, as the case may be, the Continuing Underwriters will not be obligated to purchase the Defaulted Securities and, if the Continuing Underwriters do not elect to purchase the Defaulted Securities:
(a) the Continuing Underwriters will not be obligated to purchase any of the Underwritten Securities or the Optional Securities, as the case may be;
(b) the Corporation will not be obliged to sell less than all of the Purchased Securities; and
(c) the Corporation will be entitled to terminate its obligations under this Agreement arising from its acceptance of this offer,...
Obligation of Underwriters to Purchase. The obligation of the Underwriters to purchase the Purchased Units or the Additional Units, as the case may be at the Closing Time or on the Option Closing Date, as the case may be, shall be several and not joint and shall be limited to the percentage of the Purchased Units or the Additional Units, as the case may be, set out opposite the name of the Underwriters respectively below: CIBC World Markets Inc. 25% Citigroup Global Markets Canada Inc. 22% UBS Securities Canada Inc. 22% BMO Xxxxxxx Xxxxx Inc. 10% Xxxxxxx Xxxx & Company, LLC 7% GMP Securities L.P. 7% Credit Suisse Securities (Canada), Inc. 5% Salman Partners Inc. 2% Subject to section 18(c), in the event that any of the Underwriters shall fail to purchase its applicable percentage of the Purchased Units or the Additional Units, as the case may be, at the Closing Time or on the Option Closing Date, as the case may be, the others shall be obligated, severally (not jointly), to purchase on a pro rata basis all of the percentage of the Purchased Units or the Additional Units, as the case may be, that would otherwise have been purchased by the defaulting Underwriter(s); provided, however, that in the event that the percentage of the total number of Purchased Units or Additional Units, as the case may be, which the defaulting Underwriter(s) has failed to purchase exceeds 10% of the total number of Purchased Units or Additional Units, as the case may be, which the Underwriters have agreed to purchase, the other Underwriters shall have the right, but shall not be obligated, to purchase on a pro rata basis all of the percentage of the total number of Purchased Units or Additional Units, as the case may be, that would otherwise have been purchased by the defaulting Underwriter(s). In the event that such right is not exercised, then Pretivm and Silver Standard shall have the right to terminate their respective obligations hereunder without liability except as set out below and the other Underwriters which are not in default shall be relieved of all obligations to Pretivm and Silver Standard in respect of the defaulting Underwriter’s Units. Nothing in this section 18(a) shall oblige Pretivm or Silver Standard to sell to the Underwriters less than all of the Purchased Units or the Additional Units, as the case may be, or relieve from liability to Pretivm or Silver Standard any Underwriter which shall be so in default. In the event of a termination by Pretivm or Silver Standard of their respective obligations ...
Obligation of Underwriters to Purchase. The obligation of the Underwriters to purchase the Purchased Shares at the Closing Time shall be several (and not joint nor joint and several) and shall be limited to the percentage of the Purchased Shares set out opposite the name of the Underwriters respectively below: GMP Securities L.P. 22.575% BMO Xxxxxxx Xxxxx Inc. 22.575% CIBC World Markets Inc. 7.65% HSBC Securities (Canada) Inc. 7.65% RBC Dominion Securities Inc. 7.65% Scotia Capital Inc. 7.65% TD Securities Inc. 7.65% Citigroup Global Markets Canada Inc. 1.60% Credit Suisse Securities (Canada), Inc. 1.60% Xxxxxxx Xxxxx Canada Inc. 1.60% Laurentian Bank Securities Inc. 1.60% Xxxxxxx Xxxxx Canada Inc. 1.60% Xxxxxx Xxxxxxx Canada Ltd. 1.60% Beacon Securities Limited 1.00% Canaccord Genuity Corp. 1.00% Cormark Securities Inc. 1.00% Dundee Securities Ltd. 1.00% Macquarie Capital Markets Canada Ltd. 1.00% Paradigm Capital Inc. 1.00% Xxxxxxx Xxxxx Ltd. 1.00% Total 100% In the event that any of the Underwriters fails to purchase at the Closing Time its applicable percentage of the total number of Purchased Shares, and the number of such Purchased Shares of its applicable percentage that such Underwriter fails to acquire is 10% or less of the aggregate number of Purchased Shares, then each of the non-defaulting Underwriters is obligated severally to purchase the Purchased Shares which the defaulting Underwriter fails to purchase, or a pro rata basis or as they may otherwise agree as between themselves. Subject to the foregoing, in the event that any Underwriter does not purchase its applicable percentage of the Purchased Shares, the Underwriters which are not in default shall be entitled to terminate their obligations without liability.
Obligation of Underwriters to Purchase. The obligation of the Underwriters to purchase the FT Shares at the Closing Time shall be several and not joint and shall be limited to the percentage of the FT Shares set out opposite the name of the Underwriters respectively below: CIBC World Markets Inc. 50% BMO Xxxxxxx Xxxxx Inc. 25% GMP Securities L.P. 25%
Obligation of Underwriters to Purchase. Subject to the terms and conditions hereof, the obligation of the Underwriters to purchase the Offered Shares shall be several and not joint. The percentage of the aggregate number of the Offered Shares to be separately purchased and paid for by the Underwriters shall be as follows: Mackie Research Capital Corporation 50.0% Canaccord Genuity Corp. 30.0% Sprott Capital Partners LP 20.0% Subject to Section 15(b), if one of the Underwriters (the “Refusing Underwriter”) fails to purchase their percentage of the Offered Shares at the Closing Time, then the other Underwriter (the “Continuing Underwriter”) shall have the right, but shall not be obligated, to purchase such Offered Shares. If the Continuing Underwriter does not purchase all the Offered Shares of the Refusing Underwriter, the Corporation shall be entitled to terminate its obligations under this Agreement in respect of the Offering without further liability of the Corporation to the Continuing Underwriter, on the one hand, or on the part of the Continuing Underwriter to the Corporation, on the other hand, except in respect of any liability which may have arisen or may arise under Sections 12, 13 and 14. Nothing in this Section 15 shall relieve any Refusing Underwriter from liability to the Corporation.
Obligation of Underwriters to Purchase. Subject to Section 20(b), the obligation of the Underwriters to purchase the Firm Shares or the Optional Shares, as the case may be, at the Closing Date or the Option Closing Date, as the case may be, shall be several and not joint and each of the Underwriters shall be obligated to purchase only that percentage of the Firm Shares or the Optional Shares, as the case may be, set out opposite the name of such Underwriter below. CIBC World Markets Inc. 27 % Xxxxxxx Xxxxx & Co. LLC 27 % BMO Xxxxxxx Xxxxx Inc. 11 % RBC Dominion Securities Inc. 11 % Scotia Capital Inc. 11 % TD Securities Inc. 11 % National Bank Financial Inc. 2 % 100.0 %
Obligation of Underwriters to Purchase. The obligation of the Underwriters to purchase the Purchased Securities or the Additional Securities, as the case may be at the Closing Time or on the Option Closing Date, as the case may be, shall be several and not joint and several and shall be limited to the percentage of the Purchased Securities or the Additional Securities, as the case may be set out opposite the name of the Underwriters respectively below: Clarus Securities Inc. 25 % Canaccord Genuity Corp. 25 % Jxxxxxxx Capital Inc. 20 % D&D Securities Inc. 15 % Selling Group concession 15% (to be purchased by the Co-Lead Underwriters on a pro rata between them in the event that it is not purchased by Selling Firms at the Closing Time) Subject to paragraph 15(c), in the event that any of the Underwriters shall fail to purchase its applicable percentage of the Purchased Securities or the Additional Securities, as the case may be, at the Closing Time or on the Option Closing Date, as the case may be, the others shall have the right, but shall not be obligated, to purchase on a pro rata basis all of the percentage of the Purchased Securities or the Additional Securities, as the case may be, on a pro rata basis which would otherwise have been purchased by that one of the Underwriters which is in default.
Obligation of Underwriters to Purchase. Subject to Section 24(b), the obligation of the Underwriters to purchase the Firm Shares or the Optional Shares, as the case may be, at the Closing Time or the Option Closing Time, as the case may be, shall be several and not joint and each of the Underwriters shall be obligated to purchase only that percentage of the Firm Shares or the Optional Shares, as the case may be, set out opposite the name of such Underwriter below. Xxxxxxx Sachs & Co. LLC • % Credit Suisse Securities (USA) LLC • % X.X. Xxxxxx Securities LLC • % • • % • • % • • % 100.0 %
Obligation of Underwriters to Purchase. The obligation of the Underwriters to purchase the Purchased Shares or the Over- Allotment Shares, as the case may be at the Closing Time or on the Over-Allotment Closing Date, as the case may be, shall be several and not joint and several and shall be limited to the percentage of the Purchased Shares or the Over-Allotment Shares, as the case may be set out opposite the name of the Underwriters respectively below: Scotia Capital Inc. 28.0% Canaccord Genuity Corp. 26.0% TD Securities Inc. 26.0% BMO Xxxxxxx Xxxxx Inc. 7.0% GMP Securities L.P. 3.0% Xxxxxxx Securities Inc. 3.0% Cormark Securities Inc. 2.0% Numis Securities Limited 2.0% Eight Capital 1.0% PI Financial Corp. 1.0% Sprott Private Wealth Inc. 1.0% 100%
Obligation of Underwriters to Purchase. Subject to Section 21(b), the obligation of the Underwriters to purchase the Firm Shares or the Optional Shares, as the case may be, at the Closing Time or the Option Closing Time, as the case may be, shall be several and not joint and each of the Underwriters shall be obligated to purchase only that percentage of the Firm Shares or the Optional Shares, as the case may be, set out opposite the name of such Underwriter below. Xxxxxxx Xxxxx & Co. LLC 41 % X.X. Xxxxxx Securities LLC 36 % TD Securities Inc. 7 % Scotia Capital (USA) Inc. 4 % National Bank of Canada Financial, Inc. 4 % Cormark Securities Inc. 1.50 % Xxxxxx Xxxxxxxx Canada Inc. 1.50 % Commerz Markets LLC 1.25 % Xxxxxxx Xxxxx & Associates, Inc. 1.25 % RBC Capital Markets, LLC 1.25 % UniCredit Capital Markets LLC 1.25 % 100.0 %
