Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering and sale of the Offered Securities, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 44 contracts
Samples: Underwriting Agreement (Perceptive Capital Solutions Corp), Underwriting Agreement (Perceptive Capital Solutions Corp), Underwriting Agreement (LF Capital Acquisition Corp. II)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 39 contracts
Samples: Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives or the Company pursuant to Section 55 or 10 hereof, Section 10 or Section 11, or including if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all reasonable and documented out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 27 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (Onemain Finance Corp), Underwriting Agreement (Onemain Finance Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 27 contracts
Samples: Underwriting Agreement (Cboe Global Markets, Inc.), Underwriting Agreement (Norfolk Southern Corp), Underwriting Agreement (Sonoco Products Co)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 18 contracts
Samples: Underwriting Agreement (Amphenol Corp /De/), Underwriting Agreement (Stryker Corp), Underwriting Agreement (Amphenol Corp /De/)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering and sale of the Offered Securities, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 18 contracts
Samples: Underwriting Agreement (Authentic Equity Acquisition Corp.), Underwriting Agreement (ARYA Sciences Acquisition Corp V), Underwriting Agreement (ARYA Sciences Acquisition Corp V)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 7, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities Common 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesCommon Shares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 15 contracts
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc), Underwriting Agreement (Spirit Finance Corp), Underwriting Agreement (Gander Mountain Co)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 14 contracts
Samples: Underwriting Agreement (Immunic, Inc.), Underwriting Agreement (Aptose Biosciences Inc.), Underwriting Agreement (Aptose Biosciences Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering and sale of the Offered Securities, including, (including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges) that shall have been reasonably incurred by the Representatives and the Underwriters in connection with the proposed purchase and the offering and sale of the Notes.
Appears in 13 contracts
Samples: Underwriting Agreement (McKesson Corp), Underwriting Agreement (McKesson Corp), Underwriting Agreement (McKesson Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 54, Section 10 or 7, Section 118, Section 9, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 12 contracts
Samples: Underwriting Agreement (Alloy Online Inc), Underwriting Agreement (Ondisplay Inc), Underwriting Agreement (Quest Software Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 54, Section 10 7, Section 8 or Section 119, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 11 contracts
Samples: Underwriting Agreement (Mypoints Com Inc), Underwriting Agreement (Preview Systems Inc), Underwriting Agreement (Egain Communications Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 54, Section 10 8 or Section 119, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel and accommodation expenses, postage, facsimile and telephone charges.
Appears in 10 contracts
Samples: Underwriting Agreement (Visible Genetics Inc), Underwriting Agreement (Extricity Inc), Underwriting Agreement (Peco Ii Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 55 or 9 hereof, Section 10 or Section 11, or including if the sale to the Underwriters of the Offered Securities 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 hereofhereof (other than by reason of a default of one or more of the Underwriters), the Company agrees to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 10 contracts
Samples: Underwriting Agreement (Istar Inc.), Underwriting Agreement (Istar Inc.), Underwriting Agreement (Istar Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable including fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 9 contracts
Samples: Underwriting Agreement (Ocugen, Inc.), Underwriting Agreement (Terawulf Inc.), Underwriting Agreement (Curis Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 8, Section 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselvesother than any defaulting Underwriter in the case of a termination under Section 11), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 9 contracts
Samples: Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 55 or 10 hereof, Section 10 or Section 11, or including if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company Obligors to perform any agreement herein or to comply with any provision hereof, each of the Company Obligors agrees to reimburse the Representative and Underwriters, in the other Underwriters (case of termination pursuant to Section 5 or such Underwriters as have terminated this Agreement with respect to themselves)10 hereof, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 9 contracts
Samples: Underwriting Agreement (Genesis Energy Lp), Underwriting Agreement (Genesis Energy Lp), Underwriting Agreement (Genesis Energy Lp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all reasonably documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 9 contracts
Samples: Underwriting Agreement (Affimed N.V.), Underwriting Agreement (Affimed N.V.), Underwriting Agreement (Affimed N.V.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered 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 Representative and the other Underwriters (or except for such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 9 contracts
Samples: Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 8 contracts
Samples: Underwriting Agreement (Codex DNA, Inc.), Underwriting Agreement (Ventyx Biosciences, Inc.), Underwriting Agreement (Vera Therapeutics, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 5 or Section 11, or by the Company pursuant to Section 7, or if the sale to the Underwriters of the Offered Securities Units on the First Closing Date or Subsequent 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesUnits, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 8 contracts
Samples: Underwriting Agreement (S&W Seed Co), Underwriting Agreement (S&W Seed Co), Underwriting Agreement (Whispering Oaks International Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 8 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 7, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 7 contracts
Samples: Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Sovran Self Storage Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative or the Company pursuant to Section 55 or 10 hereof, Section 10 or Section 11, or including if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all reasonable and documented out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 7 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (Onemain Finance Corp), Underwriting Agreement (OneMain Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 7 or Section 1111(i), or if the sale to the Underwriters of the Offered Securities Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Operating Partnership to perform any agreement herein or to comply with any provision hereof, the Company agrees and the Operating Partnership, jointly and severally, agree to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 7 contracts
Samples: Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 119(i)(x) or (iv) hereof, or including if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or any Guarantor to perform any agreement herein or to comply with any provision hereof, the Company agrees and the Guarantors, jointly and severally, agree to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 7 contracts
Samples: Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company Issuer to perform any agreement herein or to comply with any provision hereof, the Company Issuer agrees to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 7 contracts
Samples: Underwriting Agreement (Prologis, Inc.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Lead Managers pursuant to Section 5, Section 10 5 or Section 1112 hereof, or if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company any Transaction Party to perform any agreement herein or to comply with any provision hereof, the Company agrees Transaction Parties agree, jointly and severally, to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (Prologis, Inc.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 7, Section 10, Section 11 or Section 1117, or if the sale to the Underwriters of the Offered Securities Common Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Selling Stockholders to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesCommon Shares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (Gart Sports Co), Underwriting Agreement (Coldwater Creek Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all documented, out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (Werewolf Therapeutics, Inc.), Underwriting Agreement (Oncorus, Inc.), Underwriting Agreement (Oncorus, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, 5 or the first part of clause (i) or clause (v) of Section 10 or Section 119, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, through the Representatives upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (Brown Forman Corp), Underwriting Agreement (Brown Forman Corp), Underwriting Agreement (Brown Forman Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering and sale of the Offered Securities, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (AMCI Acquisition Corp. II), Underwriting Agreement (AMCI Acquisition Corp. II), Underwriting Agreement (AMCI Acquisition Corp. II)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all reasonable and documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (Candel Therapeutics, Inc.), Underwriting Agreement (Ikena Oncology, Inc.), Underwriting Agreement (Forma Therapeutics Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, 6 (other than Section 10 6(g)) or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, to the reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone chargescharges (subject to the limitations described in Section 4 of this Agreement).
Appears in 6 contracts
Samples: Underwriting Agreement (GLADSTONE LAND Corp), Underwriting Agreement (Gladstone Commercial Corp), Underwriting Agreement (GLADSTONE LAND Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (Prologis), Underwriting Agreement (Prologis), Underwriting Agreement (Prologis)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 7, Section 10, Section 11 or Section 1117, or if the sale to the Underwriters of the Offered Securities Common Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Selling Shareholders to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesCommon Shares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 6 contracts
Samples: Underwriting Agreement (Peritus Software Services Inc), Underwriting Agreement (RAM Holdings Ltd.), Underwriting Agreement (Rf Micro Devices Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 5 or Section 119(i)(x) or (iv) hereof, or including if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or any Guarantor to perform any agreement herein or to comply with any provision hereof, the Company agrees and the Guarantors, jointly and severally, agree to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Esperion Therapeutics, Inc.), Underwriting Agreement (PharmaCyte Biotech, Inc.), Underwriting Agreement (Opgen Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 57 or 11(i), Section 10 (iv) or Section 11(v) hereof, or including if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable including fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Roivant Sciences Ltd.), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Flir Systems Inc), Underwriting Agreement (Flir Systems Inc), Underwriting Agreement (Flir Systems Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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, other than by reason of default by any of the Underwriters, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, through the Representatives, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Perkinelmer Inc), Perkinelmer Inc, Perkinelmer Inc
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities Common 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesCommon Shares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Caci International Inc /De/), Underwriting Agreement (Childrens Place Retail Stores Inc), Underwriting Agreement (Childrens Place Retail Stores Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 1111 hereof, or if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or any Guarantor to perform any agreement herein or to comply with any provision hereof, the Company agrees and the Guarantors, jointly and severally, agree to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Kansas City Southern), Underwriting Agreement (Kansas City Southern), Underwriting Agreement (Kansas City Southern)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 1111(i) or (iv), or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Church & Dwight Co Inc /De/), Underwriting Agreement (Church & Dwight Co Inc /De/), Underwriting Agreement (Church & Dwight Co Inc /De/)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Lead Managers pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company Parent Guarantor or the Issuer to perform any agreement herein or to comply with any provision hereof, the Company agrees Parent Guarantor and the Issuer agree, jointly and severally, to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 9(a)(i) or Section 119(a)(iii), or if the sale to the Underwriters of the Offered Securities on Notes at the First Closing Date Time 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 7, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company Transaction Entities to perform any agreement herein or to comply with any provision hereof, each of the Company Transaction Entities agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 5 contracts
Samples: Underwriting Agreement (Life Storage Lp), Underwriting Agreement (Life Storage Lp), Underwriting Agreement (Life Storage Lp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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 hereofhereof other than by reason of a default by any of the Underwriters, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Thermo Fisher Scientific Inc.), Underwriting Agreement (Thermo Fisher Scientific Inc.), Underwriting Agreement (Thermo Fisher Scientific Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 1111(iv), or if the sale to the Underwriters of the Offered Securities Notes on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any material agreement herein or to comply with any material provision hereof, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Fluor Corp), Underwriting Agreement (Fluor Corp), Underwriting Agreement (Fluor Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 6 or Section 1112, or if the sale to the Underwriters Representative of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 54, Section 10 or 8, Section 119, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel and accommodation expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Switchboard Inc), Underwriting Agreement (Oplink Communications Inc), Underwriting Agreement (Oplink Communications Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 6 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or any Guarantor to perform any agreement herein or to comply with any provision hereof, the Company agrees and the Guarantors, jointly and severally, agree to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable and documented fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Green Plains Inc.), Underwriting Agreement (Green Plains Inc.), Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, 6 (other than Section 10 6(g)) or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, to the reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Gladstone Commercial Corp), Underwriting Agreement (Gladstone Commercial Corp), Underwriting Agreement (Gladstone Commercial Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Initial Securities on the First Closing Date Date, or of the Option Securities on the Optional Closing Date, if any, 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Prologis, Inc.), Underwriting Agreement (Prologis, Inc.), Purchase Agreement (Prologis)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 7, or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 6 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Polarityte, Inc.), Underwriting Agreement (Polarityte, Inc.), Underwriting Agreement (Polarityte, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 6 or Section 1112(i) or (iv), or if the sale to the Underwriters of the Offered Securities Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Operating Partnership to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative Underwriters [and the other Underwriters Forward Sellers] (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Underwriters [and the Underwriters Forward Sellers] (or by such terminating Underwriters, as the case may be) in connection with the proposed purchase and the Offering public offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital, LTD)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative Underwriters and the other Underwriters Forward Sellers (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Underwriters and the Underwriters Forward Sellers in connection with the proposed purchase and the Offering public offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 4 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), American Capital Strategies LTD
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 1111(i) or (iv), or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Mattel Inc /De/), Mattel Inc /De/, Mattel Inc /De/
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Selling Stockholders to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.), Underwriting Agreement (MWI Veterinary Supply, Inc.), Underwriting Agreement (MWI Veterinary Supply, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Norfolk Southern Corp), Underwriting Agreement (Norfolk Southern Corp), Underwriting Agreement (Norfolk Southern Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Td Ameritrade Holding Corp), Underwriting Agreement (Td Ameritrade Holding Corp), Underwriting Agreement (Td Ameritrade Holding Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 or Section 1114, or if the sale to the Underwriters of the Offered Securities Shares on the First Closing Date Time of Delivery 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all reasonable out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering public offering and sale of the Offered SecuritiesShares, including, but not limited to, including the reasonable fees and disbursements of counselcounsel for the Underwriters, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (TICC Capital Corp.), Underwriting Agreement (TICC Capital Corp.), Underwriting Agreement (TICC Capital Corp.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, 6 (other than Section 10 or Section 116(f)), or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (BELLUS Health Inc.), Underwriting Agreement (BELLUS Health Inc.), Underwriting Agreement (BELLUS Health Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges, except as otherwise agreed.
Appears in 3 contracts
Samples: Underwriting Agreement (BeyondSpring Inc.), Underwriting Agreement (BeyondSpring Inc.), Underwriting Agreement (BeyondSpring Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 56, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Westport Innovations Inc), Underwriting Agreement (Westport Innovations Inc), KFX Inc
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Underwriter pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters Underwriter of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, Underwriter upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters Underwriter in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Heron Therapeutics, Inc. /De/)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 6 or Section 1112, or if the sale to the Underwriters of the Offered Securities Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Selling Stockholders to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all reasonable documented out-of-pocket expenses that shall have been actually and reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Jefferies Capital Partners Iv Lp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 8, Section 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Issuers to perform any agreement herein or to comply with any provision hereof, the Company agrees and the Issuers agree to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselvesother than any defaulting Underwriter in the case of a termination under Section 11), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the other Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 119(a)(i) or (iii), or if the sale to the Underwriters of the Offered Securities on Notes at the First Closing Date Time is not consummated because of any refusal, inability refusal or failure on the part of the Company to perform any agreement herein or deliver the Notes it is obligated to comply with any provision hereofdeliver hereunder, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Citrix Systems Inc), Underwriting Agreement (Citrix Systems Inc), Underwriting Agreement (Citrix Systems Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 114, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and Underwriters (or by such terminating Underwriters, as the Underwriters case may be) in connection with the proposed purchase and the Offering public offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (American Capital, LTD), American Capital Strategies LTD, American Capital Strategies LTD
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Underwriters pursuant to Section 5, Section 10 5 or Section 1111(iv), or if the sale to the Underwriters of the Offered Securities Units 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 Representative Underwriters and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all reasonable out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesUnits, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Transforma Acquisition Group Inc.), Underwriting Agreement (Transforma Acquisition Group Inc.), Underwriting Agreement (Transforma Acquisition Group Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, actual, reasonable and documented fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Interpace Diagnostics (Interpace Diagnostics Group, Inc.), Underwriting Agreement (Bio-Path Holdings Inc), Underwriting Agreement (InspireMD, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all reasonable and documented out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Liquidia Corp), Underwriting Agreement (Liquidia Technologies Inc), Underwriting Agreement (Spectrum Pharmaceuticals Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 6 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Addus HomeCare Corp), Inverness Medical Innovations Inc
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 7 or Section 1110, or if the sale to the Underwriters of the Offered Securities Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Operating Partnership to perform any agreement herein or to comply with any provision hereof, the Company agrees and the Operating Partnership, jointly and severally, agree to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Kilroy Realty Corp), Underwriting Agreement (Kilroy Realty Corp), Underwriting Agreement (Kilroy Realty Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all documented out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Abeona Therapeutics Inc.), Underwriting Agreement (Oclaro, Inc.), Underwriting Agreement (BioScrip, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 54, Section 10 8 or Section 119, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Arthrocare Corp), Underwriting Agreement (Student Advantage Inc), Underwriting Agreement (Prime Response Inc/De)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities Common 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesCommon Shares, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Global Signal Inc, Global Signal Inc, Global Signal Inc
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities Common 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesCommon Shares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Sterling Bancorp), Underwriting Agreement (Hilltop Holdings Inc.), Underwriting Agreement (Sterling Bancorp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 6 or Section 11, or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5Section 6, Section 10 Section 11 or Section 11Section 12, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Lemaitre Vascular Inc), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Adma Biologics, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 or Section 11, or if the sale to the Underwriters of the Offered Securities 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counselcounsel to the Underwriters, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Viridian Therapeutics, Inc.\DE), Underwriting Agreement (Viridian Therapeutics, Inc.\DE), Underwriting Agreement (Viridian Therapeutics, Inc.\DE)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 1111(i) or (iv), or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all reasonably documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Mattel Inc /De/), Mattel Inc /De/, Mattel Inc /De/
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 6 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Avalo Therapeutics, Inc.), Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.), Underwriting Agreement (Omega Healthcare Investors Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all documented out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable reasonably incurred and documented fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Theseus Pharmaceuticals, Inc.), Underwriting Agreement (C4 Therapeutics, Inc.), Underwriting Agreement (C4 Therapeutics, Inc.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 5 or Section 11, or if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company Parent Guarantor or the Issuer to perform any agreement herein or to comply with any provision hereof, the Company agrees Parent Guarantor and the Issuer agree, jointly and severally, to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative pursuant to Section 5, 7 or Section 10 or Section 11hereof, or including if the sale to the Underwriters of the Offered Securities on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or any Selling Shareholder to perform any agreement herein or to comply with any provision hereofhereof other than by reason of a default by any of the Underwriters, the Company agrees to reimburse the Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves)Underwriters, severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (LyondellBasell Industries N.V.), Underwriting Agreement (LyondellBasell Industries N.V.), Underwriting Agreement (LyondellBasell Industries N.V.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 5, Section 10 11(i)(A) or Section 1111(iv), or if the sale to the Underwriters of the Offered Securities Notes 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesNotes, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (BMC Software Inc), Underwriting Agreement (BMC Software Inc), Underwriting Agreement (BMC Software Inc)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other non-defaulting Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 3 contracts
Samples: Underwriting Agreement (uniQure N.V.), Underwriting Agreement (uniQure B.V.), Underwriting Agreement (uniQure B.V.)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Underwriters pursuant to Section 5, Section 10 5 or Section 1110, or if the sale to the Underwriters of the Offered Securities on the First Closing Date or any Subsequent Closing Date is not consummated because of any refusal, inability or failure on the part of the Company Issuer to perform any agreement herein or to comply with any provision hereof, the Company Issuer agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 2 contracts
Samples: Underwriting Agreement (Assured Guaranty LTD), Underwriting Agreement (Assured Guaranty LTD)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 54, Section 10 7, Section 8, Section 9 or Section 1115, or if the sale to the Underwriters of the Offered Securities Shares on the First Closing Date is not consummated because of any refusal, inability or failure on the part of the Company or the Selling Shareholders to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, including but not limited to, reasonable to fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 2 contracts
Samples: Underwriting Agreement (Primus Knowledge Solutions Inc), Critical Path Inc
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Underwriters pursuant to Section 5, Section 10 9 or Section 1117 hereof, or including if the sale to the Underwriters of the Offered Securities on the First Closing Date or at a Date of Delivery 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 Representative and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered Securities, including, but not limited towithout limitation, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 2 contracts
Samples: Underwriting Agreement (Susser Holdings CORP), Underwriting Agreement (Susser Holdings CORP)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated by the Representative Representatives pursuant to Section 56, Section 10 11 or Section 1112, or if the sale to the Underwriters of the Offered Securities 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 Representative Representatives and the other Underwriters (or such Underwriters as have terminated this Agreement with respect to themselves), severally, upon demand for all out-of-pocket expenses that shall have been reasonably incurred by the Representative Representatives and the Underwriters in connection with the proposed purchase and the Offering offering and sale of the Offered SecuritiesShares, including, but not limited to, reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.
Appears in 2 contracts
Samples: Underwriting Agreement (VBI Vaccines Inc/Bc), VBI Vaccines Inc/Bc