Common use of Refund of Purchase Price Clause in Contracts

Refund of Purchase Price. In the event that the Reorganization is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion Shares during the Offerings (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shall have refunded to them the full amount which has been received from such person, together with interest as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties shall have any obligation to the other except that (i) the Primary Parties shall remain liable for any amounts due pursuant to Sections 4(a), 9, 11, 12, and 14 hereof , unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; and (ii) the Agent shall remain liable for any amount due pursuant to Sections 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (Hudson City Bancorp Inc)

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Refund of Purchase Price. In the event that the Reorganization Conversion is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion Shares the Common Stock during the Offerings Subscription and Community Offering (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shares of Common Stock shall have refunded to them the full amount which has been received from such person, together with interest at the Association's current passbook rate, from the date payment is received as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties Association and the Holding Company shall have any obligation to the other except that (i) the Primary Parties Holding Company and the Association, as applicable, shall remain liable for any amounts due pursuant to Sections 4(a), 98, 11, 12, 10 and 14 hereof 11 hereof, unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; and (ii) the Agent shall remain liable for any amount amounts due pursuant to Sections 10 and 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties Holding Company or Association of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (Delphos Citizens Bancorp Inc)

Refund of Purchase Price. In the event that the Reorganization Offering is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion the Shares during the Offerings Offering (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shall have refunded to them the full amount which has been received from such person, together with interest at the Bank’s current passbook savings rate, from the date payment is received to the date said refund is made as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties shall have any obligation to the other except that (i) the Primary Parties shall remain liable for any amounts due pursuant to Sections 4(a)4, 98, 11, 12, 10 and 14 hereof 11 hereof, unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; and (ii) the Agent shall remain liable for any amount due pursuant to Sections 10 and 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (Delanco Bancorp Inc)

Refund of Purchase Price. In the event that the Reorganization Conversion is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion Shares the Common Stock during the Offerings (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shares of Common Stock shall have refunded to them the full amount which has been received from such person, together with interest at the Bank's current passbook rate, from the date payment is received as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties shall have any obligation to the other except that (i) the Primary Parties Parties, as applicable, shall remain liable for any amounts due pursuant to Sections 4(a), 98, 11, 12, 10 and 14 hereof 11 hereof, unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; and (ii) the Agent shall remain liable for any amount due pursuant to Sections 10 and 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (Willow Grove Bancorp Inc)

Refund of Purchase Price. In the event that the Reorganization Offering is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion the Shares during the Offerings (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shall have refunded to them the full amount which has been received from such person, together with interest at the Bank's current passbook savings rate, from the date payment is received to the date said refund is made as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties shall have any obligation to the other except that (i) the Primary Parties shall remain liable for any amounts due pursuant to Sections 4(a)4, 98, 11, 12, 10 and 14 hereof 11 hereof, unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; and (ii) the Agent shall remain liable for any amount due pursuant to Sections 10 and 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (Magyar Bancorp, Inc.)

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Refund of Purchase Price. In the event that the Reorganization Conversion is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion Shares the Common Stock during the Offerings Subscription and Community Offering (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shares of Common Stock shall have refunded to them the full amount which has been received from such person, together with interest at the Bank's current passbook rate, from the date payment is received as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties Bank and the Holding Company shall have any obligation to the other except that (i) the Primary Parties Holding Company and the Bank, as applicable, shall remain liable for any amounts due pursuant to Sections 4(a), 98, 11, 12, 10 and 14 hereof 11 hereof, unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; and (ii) the Agent shall remain liable for any amount due pursuant to Sections 10 and 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties Holding Company or Bank of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (Hemlock Federal Financial Corp)

Refund of Purchase Price. In the event that the Reorganization is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion the Shares during the Offerings Offering (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shall have refunded to them the full amount which has been received from such person, together with interest at the Bank’s current passbook rate, from the date payment is received to the date said refund is made as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties shall have any obligation to the other except that (i) the Primary Parties shall remain liable for any amounts due pursuant to Sections 4(a)4, 98, 11, 12, 10 and 14 hereof 11 hereof, unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; , and (ii) the Agent shall remain liable for any amount due pursuant to Sections 10 and 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (North Penn Bancorp, Inc.)

Refund of Purchase Price. In the event that the Reorganization Conversion is not consummated for any reason, including but not limited to the inability to sell 49,937,500 Conversion Shares the Common Stock during the Offerings Offering (including any permitted extension thereof), this Agreement shall terminate and any persons who have subscribed for any of the Conversion Shares shares of Common Stock shall have refunded to them the full amount which has been received from such person, together with interest at the Bank's current passbook rate, from the date payment is received as provided in the Prospectus. Upon termination of this Agreement, neither the Agent nor the Primary Parties Bank and the Holding Company shall have any obligation to the other except that (i) the Primary Parties Holding Company and the Bank, as applicable, shall remain liable for any amounts due pursuant to Sections 4(a), 98, 11, 12, 10 and 14 hereof 11 hereof, unless the transaction is not consummated solely due to the breach by the Agent of a warranty, representation or covenant; and (ii) the Agent shall remain liable for any amount due pursuant to Sections 10 and 11 and 12 hereof, unless the transaction is not consummated due to the breach by the Primary Parties Holding Company or Bank of a warranty, representation or covenant.

Appears in 1 contract

Samples: Agency Agreement (Ps Financial Inc)

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