Common use of Reimbursement of Underwriter Expenses Clause in Contracts

Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 6 or Section 11, or if the sale to the Underwriter of the Offered Shares on the Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the Offered Shares, including but not limited to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Parallel Petroleum Corp)

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Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 6 or Section 11, or if the sale to the Underwriter of the Offered Shares Securities on the First Closing Date (or the applicable Option Closing Date) is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter Underwriter, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the Offered SharesSecurities, including but not limited to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Emerald Oil, Inc.)

Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter Representative pursuant to Section 6 4, Section 8 or Section 119, or if the sale to the Underwriter Underwriters of the Offered Shares on the First Closing Date or any Option Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter Underwriters upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter Underwriters in connection with the proposed purchase and the offering and sale of the Offered Shares, including but not limited to fees and disbursements of counsel, printing expenses, travel and accommodation expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Insmed Inc)

Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 6 6, Section 11 or by the Company pursuant to Section 118, or if the sale to the Underwriter of the Offered Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the Offered Shares, including but not limited to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Salix Pharmaceuticals LTD)

Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 6 4 or Section 118, or if the sale to the Underwriter of the Offered Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company Company, its legal counsel, or its independent accountants, to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the Offered Shares, including but not limited to fees and disbursements of counsel, printing expenses, travel and accommodation expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Avanir Pharmaceuticals

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Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 6 or Section 11, Representatives or if the sale to the Underwriter Underwriters of the Offered Shares on the First Closing Date or any Option Closing Date is not consummated consummated, in each case, because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter Underwriters upon demand for all out-of-pocket expenses that shall have been reasonably and actually incurred by the Underwriter Underwriters in connection with the proposed purchase and the offering and sale of the Offered Shares, including but not limited to fees and disbursements of counsel, printing expenses, travel and accommodation expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Corautus Genetics Inc)

Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 6 6, Section 8 or Section 11, or if the sale to the Underwriter of the Offered Shares on the Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the Offered Shares, including but not limited to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Parallel Petroleum Corp)

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