Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 24 contracts
Samples: Underwriting Agreement (Ledger Acquisition Co), Underwriting Agreement (Power & Digital Infrastructure Acquisition II Corp.), Underwriting Agreement (Power & Digital Infrastructure Acquisition II Corp.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 13 contracts
Samples: Underwriting Agreement (AMTD Digital Inc.), Underwriting Agreement (ZIM Integrated Shipping Services Ltd.), Underwriting Agreement (InMode Ltd.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason expressly permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 13 contracts
Samples: Underwriting Agreement (Tetraphase Pharmaceuticals Inc), Underwriting Agreement (Trevena Inc), Underwriting Agreement (Tetraphase Pharmaceuticals Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company Selling Stockholders shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable and documented out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 10 by reason of the default of one or more Underwriters, neither the Company nor the Selling Stockholders shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 6 contracts
Samples: Underwriting Agreement (Td Synnex Corp), Underwriting Agreement (Td Synnex Corp), Underwriting Agreement (Td Synnex Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 6 contracts
Samples: Underwriting Agreement (Latham Group, Inc.), Underwriting Agreement (Cardiovascular Systems Inc), Underwriting Agreement (Palomar Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 hereof by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 5 contracts
Samples: Underwriting Agreement (Anthemis Digital Acquisitions I Corp), Underwriting Agreement (Artemis Strategic Investment Corp), Underwriting Agreement (Anthemis Digital Acquisitions I Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company Trust shall fail to tender the Units Securities for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Securities for any reason permitted under by this Agreement, the Company will and the Trust shall reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsSecurities, and upon demand the Company and the Trust shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, neither the Company nor the Trust shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (First Security Capital V), Underwriting Agreement (Provident Financial Group Inc), Underwriting Agreement (Provident Financial Group Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (Petrohawk Energy Corp), Underwriting Agreement (CCS Medical Holdings, Inc.), Underwriting Agreement (ShoreTel Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 8 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (Platform Specialty Products Corp), Underwriting Agreement (Platform Specialty Products Corp), Underwriting Agreement (Platform Specialty Products Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (TortoiseEcofin Acquisition Corp. III), Underwriting Agreement (Tortoise Acquisition Corp. II), Underwriting Agreement (Colonnade Acquisition Corp. II)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (Pegasus Digital Mobility Acquisition Corp.), Underwriting Agreement (Pegasus Digital Mobility Acquisition Corp.), Underwriting Agreement (Motion Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (AST SpaceMobile, Inc.), Underwriting Agreement (BioXcel Therapeutics, Inc.), Underwriting Agreement (BioXcel Therapeutics, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 hereof by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (Icg Hypersonic Acquisition Corp), Underwriting Agreement (Queen's Gambit Growth Capital II), Underwriting Agreement (Queen's Gambit Growth Capital)
Reimbursement of Underwriters’ Expenses. If (a) the Company Partnership shall fail to tender the Units for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company Partnership will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company Partnership shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company Partnership shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 4 contracts
Samples: Underwriting Agreement (JP Energy Partners LP), Underwriting Agreement (JP Energy Partners LP), Underwriting Agreement (Summit Midstream Partners, LP)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable and documented out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 3 contracts
Samples: Underwriting Agreement (Blink Charging Co.), Underwriting Agreement (In8bio, Inc.), Underwriting Agreement (In8bio, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 8 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 3 contracts
Samples: Underwriting Agreement (ASP Isotopes Inc.), Underwriting Agreement (ASP Isotopes Inc.), Underwriting Agreement (Platform Specialty Products Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 3 contracts
Samples: Underwriting Agreement (Enduro Royalty Trust), Underwriting Agreement (Enduro Royalty Trust), Underwriting Agreement (Enduro Royalty Trust)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Securities for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Securities for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for in amount not to exceed $75,000 in the Underwritersaggregate) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsSecurities, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 9(a) by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 3 contracts
Samples: Underwriting Agreement (1347 Property Insurance Holdings, Inc.), Underwriting Agreement (1347 Property Insurance Holdings, Inc.), Underwriting Agreement (1347 Property Insurance Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company or any Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company and the Selling Stockholders shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor any Selling Stockholder shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 3 contracts
Samples: Underwriting Agreement (LogMeIn, Inc.), Underwriting Agreement (LogMeIn, Inc.), Underwriting Agreement (LogMeIn, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Securities for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Securities for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsSecurities, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Lerer Hippeau Acquisition Corp.), Underwriting Agreement (Lerer Hippeau Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 hereof by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Capitalworks Emerging Markets Acquisition Corp), Underwriting Agreement (Capitalworks Emerging Markets Acquisition Corp)
Reimbursement of Underwriters’ Expenses. If If
(a) the Company Trust shall fail to tender the Units Securities for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Securities for any reason permitted under by this Agreement, the Company will and the Trust shall reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsSecurities, and upon demand the Company and the Trust shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, neither the Company nor the Trust shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Provident Bank), Underwriting Agreement (Provident Financial Group Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company or the Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable accountable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) actually incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor the Selling Stockholder shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.), Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company and FICV will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 10 as a result of the occurrence of any of the events described in Section 7(p) or pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Frank's International N.V.), Underwriting Agreement (Frank's International N.V.)
Reimbursement of Underwriters’ Expenses. If (a) the Company or any Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor any Selling Stockholder shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.), Underwriting Agreement (First Advantage Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company and the Manager shall be jointly liable to, and shall, pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor the Manager shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Orchid Island Capital, Inc.), Underwriting Agreement (Orchid Island Capital, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable and documented out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 hereof by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Digital Transformation Opportunities Corp.), Underwriting Agreement (Digital Transformation Opportunities Corp.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this AgreementAgreement (other than pursuant to Section 7(l)), the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Crimson Exploration Inc.), Underwriting Agreement (Crimson Exploration Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, Sections 8 and 11 the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company Transaction Entities shall be jointly liable to, and shall, pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 10 by reason of the default of one or more Underwriters, the Company Transaction Entities shall not be obligated to reimburse any defaulting Underwriter the Underwriters on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Independence Realty Trust, Inc), Underwriting Agreement (Independence Realty Trust, Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (TortoiseEcofin Acquisition Corp. III), Underwriting Agreement (TortoiseEcofin Acquisition Corp. III)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable and documented out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Sun Country Airlines Holdings, Inc.), Underwriting Agreement (NexImmune, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor the Selling Stockholder shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Advanced Drainage Systems, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this AgreementAgreement (other than Section 10), the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Sandridge Energy Inc), Underwriting Agreement (Sandridge Energy Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company Selling Shareholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Sterling Financial Corp /Wa/)
Reimbursement of Underwriters’ Expenses. If (ai) the Company shall fail to tender the Units Notes for delivery to the Underwriters for any reason, reason or (bii) the Underwriters shall decline to purchase the Units Notes for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsNotes, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (PNM Resources Inc), Underwriting Agreement (Public Service Co of New Mexico)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason expressly permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Fibrocell Science, Inc.), Underwriting Agreement (Fibrocell Science, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will shall reimburse the Underwriters for all reasonable out-of-pocket expenses (including the reasonable and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Jarden Corp), Underwriting Agreement (Jarden Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Securities for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Securities for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsSecurities, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative(s). If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 2 contracts
Samples: Underwriting Agreement (Lehman Brothers Holdings Inc), Underwriting Agreement (Lehman Brothers Holdings Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this AgreementAgreement (other than pursuant to Section 9), the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase terminate the Units for any reason permitted under this AgreementAgreement in accordance with Section 10, the Company will reimburse the Underwriters for all reasonable and documented out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) actually incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Fortress Transportation & Infrastructure Investors LLC)
Reimbursement of Underwriters’ Expenses. If (a) the Company any Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable and documented out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative(s). If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Lehman Brothers Holdings Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this AgreementAgreement (other than Section 9 or Section 10), the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (ai) the Company Issuer shall fail to tender the Units Notes for delivery to the Underwriters for any reason, reason permitted under this Agreement or (bii) the Underwriters shall decline to purchase the Units Notes for any reason permitted under this Agreement, the Company will Conseco shall reimburse the Underwriters for all reasonable the fees and expenses of their counsel and for such other out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) as shall have been reasonably incurred by the Underwriters them in connection with this Agreement and the proposed purchase of the UnitsNotes, and upon demand the Company Conseco shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 8 by reason of the default of one or more Underwriters, the Company Conseco shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Conseco Finance Lease 2000-1 LLC)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Ebang International Holdings Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will shall reimburse the Underwriters for all reasonable out-of-pocket expenses (including the reasonable and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Jarden Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonably incurred and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company and FICV will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 10 as a result of the occurrence of any of the events described in Section 7(n) or pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Frank's International N.V.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason expressly permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (SMART Global Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Notes for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Notes for any reason permitted under by this Agreement, the Company will shall reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsNotes, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative on behalf of the Underwriters. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Provident Financial Group Inc)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more UnderwritersUnderwriters or the purchase of the Stock is not consummated as a result of the occurrence of any of the events described in Section 7(k) (other than the occurrence of an event described in Section 7(k)(i)(B)), the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company any Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this AgreementAgreement (otherwise than pursuant to Section 10), the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Thermon Group Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If Notwithstanding the foregoing, if this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason not permitted under this Agreement or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason not permitted under this Agreement or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 hereof by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including the reasonable fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Mattress Firm Holding Corp.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Notes for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Notes for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsNotes, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 8 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all accountable and reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) actually incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company Partnership shall fail to tender the Units for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units for any reason permitted under this Agreement, the Company Partnership will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the Units, and upon demand the Company Partnership shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company Partnership shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Summit Midstream Partners, LP)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Securities for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Securities for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsSecurities, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (BioXcel Therapeutics, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Notes for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Notes for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsNotes, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this AgreementAgreement (other than pursuant to Section 9), the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand demand, the Company shall be liable to, and shall, pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Viggle Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company or any Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor any Selling Stockholder shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail fails to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Rally Software Development Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses..
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated terminates pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of any of those expenses, and shall be obligated to reimburse each non-defaulting Underwriter on account of those expenses only as provided in Section 6.
Appears in 1 contract
Samples: Underwriting Agreement (Digital Domain Media Group, Inc.)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Debentures for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Debentures for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsDebentures, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company or any Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the RepresentativesRepresentative. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor any Selling Stockholder shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (TuanChe LTD)
Reimbursement of Underwriters’ Expenses. If (a) the Company any Selling Stockholder shall fail to tender the Units Stock for delivery to the Underwriters for any reason, or (b) the Underwriters shall decline to purchase the Units Stock for any reason permitted under this Agreement, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriters) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsStock, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 11 by reason of the default of one or more Underwriters, neither the Company nor any Selling Stockholder shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Offered ADSs for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units for any reason Offered ADSs as permitted under this AgreementSection 10, the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsOffered ADSs, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
Samples: Underwriting Agreement (Loyalty Alliance Enterprise Corp)
Reimbursement of Underwriters’ Expenses. If (a) the Company shall fail to tender the Units Shares for delivery to the Underwriters for any reason, reason or (b) the Underwriters shall decline to purchase the Units Shares for any reason permitted under this AgreementAgreement (other than Section 9 or Section 10), the Company will reimburse the Underwriters for all reasonable out-of-pocket expenses (including fees and disbursements of counsel for the Underwriterscounsel) incurred by the Underwriters in connection with this Agreement and the proposed purchase of the UnitsShares, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses.
Appears in 1 contract
