Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 31 contracts
Samples: Underwriting Agreement (African Gold Acquisition Corp), Underwriting Agreement (African Gold Acquisition Corp), Underwriting Agreement (Roman DBDR Tech Acquisition Corp. II)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 23 contracts
Samples: Underwriting Agreement (Bleuacacia LTD), Underwriting Agreement (Bleuacacia LTD), Underwriting Agreement (Bleuacacia LTD)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Shares provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 5 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including including, without limitation, reasonable fees and disbursements of counselcounsel and those described in Section 4(j) hereof) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesShares.
Appears in 16 contracts
Samples: Underwriting Agreement (Wells Fargo & Company/Mn), Underwriting Agreement (Wells Fargo & Company/Mn), Underwriting Agreement (Wells Fargo & Company/Mn)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 15 contracts
Samples: Underwriting Agreement (AEA-Bridges Impact Corp.), Underwriting Agreement (AEA-Bridges Impact Corp.), Underwriting Agreement (Kismet Acquisition One Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 14 contracts
Samples: Underwriting Agreement (JAWS Spitfire Acquisition Corp), Underwriting Agreement (Avista Public Acquisition Corp. II), Underwriting Agreement (Jaws Juggernaut Acquisition Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the UnderwritersUnderwriters (but excluding any termination pursuant to Section 10 hereof), the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 13 contracts
Samples: Enbridge Inc, www.sec.gov, Underwriting Agreement (Enbridge Inc)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 5 hereof is not satisfied, because of any termination pursuant to Section 10 9 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Guarantor to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company and the Guarantor will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities. In no event shall the Company or the Guarantor be liable to the Underwriters for loss of anticipated profits from the transactions contemplated by this Agreement.
Appears in 10 contracts
Samples: PNC Bank Corp, PNC Financial Services Group Inc, PNC Bank Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated (i) because any condition to the obligations of the Underwriters Underwriters’ obligations set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 7 hereof (other than clauses Sections 7(l)(i), (iii), (iv) or (v)) is not satisfied or (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company any Partnership Party to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the UnderwritersUnderwriter, the Company Partnership Parties will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 10 contracts
Samples: Underwriting Agreement (Boardwalk Pipeline Partners, LP), Underwriting Agreement (Boardwalk Pipeline Partners, LP), Underwriting Agreement (Boardwalk Pipeline Partners, LP)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Company, the Adviser or the Administrator to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Adviser will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 10 contracts
Samples: Underwriting Agreement (MidCap Financial Investment Corp), Underwriting Agreement (Apollo Investment Corp), Underwriting Agreement (Apollo Investment Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Bonds provided for herein is not consummated because (i) this Agreement is terminated pursuant to Section 12, (ii) any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) satisfied or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof hereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the SecuritiesBonds, including the reasonable fees and disbursements of counsel for the Underwriters.
Appears in 10 contracts
Samples: Underwriting Agreement (Northern States Power Co /Wi/), Underwriting Agreement (Southwestern Public Service Co), Underwriting Agreement (Southwestern Public Service Co)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 6 hereof is not satisfied, because of any termination pursuant to Section 10 10 hereof (other than clauses (ii(ii), (iii) or (iii(vi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 9 contracts
Samples: Securities Purchase Agreement (LatAmGrowth SPAC), Underwriting Agreement (LatAmGrowth SPAC), Underwriting Agreement (Vy Global Growth)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or satisfied because of any refusal, inability or failure on the part of the Company Issuer or of any of the Guarantors to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Issuer and the Guarantors will reimburse the Underwriters severally through the Representative Representatives on demand accompanied by reasonable supporting documentation for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 9 contracts
Samples: Willis Towers Watson PLC, Willis Towers Watson PLC, Willis Towers Watson PLC
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 10(i) (with respect to a suspension in the trading of the Company’s common stock only) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 9 contracts
Samples: Underwriting Agreement (Archer-Daniels-Midland Co), Underwriting Agreement (Archer Daniels Midland Co), Archer-Daniels-Midland Co
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof (other than clauses (iias a result of the occurrence of the circumstances in Sections 11(ii) or (iii) thereofand 11(iii)) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 9 contracts
Samples: Underwriting Agreement (Waste Management Inc), Merger Agreement (Waste Management Inc), Underwriting Agreement (Waste Management Inc)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 8 contracts
Samples: Underwriting Agreement (LF Capital Acquisition Corp.), Underwriting Agreement (LF Capital Acquisition Corp.), Underwriting Agreement (Industrea Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 8 hereof is not satisfied, because of any termination pursuant to Section 10 12 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or any Selling Stockholder to perform any agreement herein or to comply with any provision hereof other than by reason of a default by any of the Underwriters, including as described in Section 11 hereof, the Company will reimburse the Underwriters severally through the Representative Representatives on behalf of the Underwriters on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counselXxxxxx & Xxxxxxx LLP) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 8 contracts
Samples: Letter Agreement (Academy Sports & Outdoors, Inc.), Letter Agreement (Academy Sports & Outdoors, Inc.), Underwriting Agreement (Academy Sports & Outdoors, Inc.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 9 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, including as described in Section 20 hereof, the Company will shall reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable and documented out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 8 contracts
Samples: Underwriting Agreement (GoGreen Investments Corp), Underwriting Agreement (GoGreen Investments Corp), Underwriting Agreement (Nabors Energy Transition Corp. II)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Notes provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 5 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including including, without limitation, reasonable fees and disbursements of counselcounsel and those described in Section 4(l) hereof) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesNotes.
Appears in 7 contracts
Samples: Underwriting Agreement (Wells Fargo & Company/Mn), Underwriting Agreement (Wells Fargo & Company/Mn), Underwriting Agreement (Wells Fargo & Company/Mn)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Xxxxxxx Xxxxx Xxxxxx on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 7 contracts
Samples: Underwriting Agreement (Forest Oil Corp), 7 Eleven Inc, Mail Com Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereofSection 10(a)(iii)) or because of any refusal, inability or failure on the part of the Operating Partnership or the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Operating Partnership and the Company will will, jointly and severally, reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 7 contracts
Samples: Employment Agreement (American Campus Communities Inc), Employment Agreement (American Campus Communities Operating Partnership LP), Employment Agreement (American Campus Communities Operating Partnership LP)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Units provided for herein is not consummated (i) because any condition to the obligations of the Underwriters Underwriters’ obligations set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 7 hereof (other than clauses Sections 7(l)(i), (iii), (iv) or (v)) is not satisfied or (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company any Partnership Party to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the UnderwritersUnderwriter, the Company Partnership Parties will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesUnits.
Appears in 6 contracts
Samples: Underwriting Agreement (Boardwalk Pipeline Partners, LP), Underwriting Agreement (Boardwalk Pipeline Partners, LP), Underwriting Agreement (Boardwalk Pipeline Partners, LP)
Reimbursement of Underwriters’ Expenses. If the sale of the Debt Securities provided for herein is not consummated (i) because this Agreement is terminated pursuant to Section 12 or (ii) because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof hereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the Debt Securities, including the reasonable fees and disbursements of counsel for the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Public Service Co of Colorado), Underwriting Agreement (Northern States Power Co), Underwriting Agreement (Southwestern Public Service Co)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 1 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 6 contracts
Samples: Underwriting Agreement (Aspirational Consumer Lifestyle Corp. II), Underwriting Agreement (Aspirational Consumer Lifestyle Corp.), Underwriting Agreement (Aspirational Consumer Lifestyle Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii), (v) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 6 contracts
Samples: Underwriting Agreement (Crucible Acquisition Corp. II), Underwriting Agreement (Crucible Acquisition Corp. III), Underwriting Agreement (ESM Acquisition Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to clause (i) of Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Partnership to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Partnership will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 5 contracts
Samples: EnLink Midstream Partners, LP, EnLink Midstream Partners, LP, EnLink Midstream Partners, LP
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Shares provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 5 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including including, without limitation, reasonable fees and disbursements of counselcounsel and those described in Section 4(i) hereof) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesShares.
Appears in 5 contracts
Samples: Underwriting Agreement (Wells Fargo & Company/Mn), Underwriting Agreement (Wells Fargo & Company/Mn), Underwriting Agreement (Wells Fargo & Company/Mn)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Company, BPG Subsidiary, the Operating Partnership or the Selling Stockholders to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 5 contracts
Samples: Execution Version (Brixmor Property Group Inc.), Brixmor Property Group Inc., Brixmor Operating Partnership LP
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Notes provided for herein is not consummated (i) because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, (ii) because of any termination of this Agreement pursuant to Section 10 hereof (other than clauses (ii) 9 hereof, or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Company, the Operating Partnership or the Manager to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwritershereof, the Company and the Operating Partnership, without duplication, will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase and sale of the SecuritiesNotes.
Appears in 5 contracts
Samples: Underwriting Agreement (Ready Capital Corp), Underwriting Agreement (Sutherland Asset Management Corp), Ready Capital Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiiiv) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 5 contracts
Samples: Underwriting Agreement (Apeiron Capital Investment Corp.), Underwriting Agreement (Apeiron Capital Investment Corp.), Underwriting Agreement (Apeiron Capital Investment Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable and documented out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 5 contracts
Samples: Signal Hill Acquisition Corp., Signal Hill Acquisition Corp., Colombier Acquisition Corp.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Units provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (iiSections 10(a) or (iii10(b) thereof) hereof or because of any refusal, inability or failure on the part of the Company Xxxxxx Parties to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Partnership will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesUnits.
Appears in 5 contracts
Samples: Underwriting Agreement (Martin Midstream Partners Lp), Underwriting Agreement (Martin Midstream Partners Lp), Underwriting Agreement (Martin Midstream Partners Lp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (iiSections 10(i) or (iii10(iv) thereof) hereof or because of any refusal, inability or failure on the part of the Company Partnership Entities to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Partnership Entities covenant and agree that the Partnership will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 5 contracts
Samples: Underwriting Agreement (DCP Midstream, LP), Underwriting Agreement (DCP Midstream, LP), DCP Midstream, LP
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 10(i)(a) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or any Selling Stockholder to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Underwriters on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Skyline Champion Corp, Skyline Champion Corp, Skyline Champion Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters Underwriter set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwritershereof, the Company will reimburse the Underwriters severally Underwriter through the Representative Underwriter on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Mountain & Co. I Acquisition Corp.), Underwriting Agreement (Mountain & Co. I Acquisition Corp.), Underwriting Agreement (Mountain & Co. I Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Selling Stockholder to perform any agreement herein or comply with any provision hereof other than by reason of due primarily to a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable and documented out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Continental Building Products, Inc., Continental Building Products, Inc., Continental Building Products, Inc.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 8 hereof is not satisfied, because of any termination pursuant to Section 10 13 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or any Selling Stockholder to perform any agreement herein or to comply with any provision hereof other than by reason of a default by any of the Underwriters, including as described in Section 12 hereof, the Company will reimburse the Underwriters severally through the Representative Representatives on behalf of the Underwriters on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counselXxxxxx & Xxxxxxx LLP) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Gardner Denver Holdings, Inc.), Underwriting Agreement (Gardner Denver Holdings, Inc.), Underwriting Agreement (Gardner Denver Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or any Selling Stockholder to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Underwriters on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Lantheus Holdings, Inc., Lantheus Holdings, Inc., Lantheus Holdings, Inc.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 Sections 11(a) and 11(b) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Company, the Adviser or the Administrator to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Adviser will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Solar Senior Capital Ltd.), Underwriting Agreement (Solar Capital Ltd.), Underwriting Agreement (Solar Senior Capital Ltd.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated (i) because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, (ii) because of any termination pursuant to Section 10 hereof (other than clauses (ii) hereof, or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Operating Partnership to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Digital Realty Trust, L.P.), Digital Realty Trust, L.P., Underwriting Agreement (Digital Realty Trust, L.P.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Notes provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all documented, reasonable out-of-pocket expenses (including reasonable fees and disbursements expenses of their counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesNotes.
Appears in 4 contracts
Samples: NIKE, Inc., Nike Inc, Nike Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Issuer or the Parent to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Issuer or the Parent will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Sun Communities Inc, Sun Communities Inc, Sun Communities Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Shares provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 8 hereof is not satisfied, because of any termination pursuant to Section 10 12(i) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Selling Stockholders to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Barclays Capital Inc. on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesShares.
Appears in 4 contracts
Samples: Underwriting Agreement (Targa Resources Corp.), Underwriting Agreement (Targa Resources Corp.), Underwriting Agreement (Targa Resources Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Shares provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 (other than Section 7(d)) hereof is not satisfied, because of any termination pursuant to Section 10 12(i) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of by the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Xxxxxx Xxxxxxx on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesShares.
Appears in 4 contracts
Samples: Agreement (Allstate Corp), Underwriting Agreement (Allstate Corp), Allstate Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Trinity Merger Corp.), Underwriting Agreement (Trinity Merger Corp.), Underwriting Agreement (Trinity Merger Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative X.X. Xxxxxx Securities LLC on demand for all reasonable out-of-pocket costs and expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Wyndham Worldwide Corp, Wyndham Worldwide Corp, Wyndham Worldwide Corp
Reimbursement of Underwriters’ Expenses. If Subject to the terms of Section 10, if the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof10(ii) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable and documented out-of-pocket expenses (including reasonable and documented fees and disbursements of outside counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Clean Earth Acquisitions Corp.), Underwriting Agreement (Clean Earth Acquisitions Corp.), Clean Earth Acquisitions Corp.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses in (ii) ), (iii), or (iiivii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable reasonably incurred and documented out-of-pocket expenses (including reasonable reasonably incurred and documented fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Andretti Acquisition Corp.), Underwriting Agreement (Andretti Acquisition Corp.), Underwriting Agreement (Andretti Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Purchased Bonds provided for herein is not consummated because any condition to the obligations of the Underwriters or the Company set forth in Section 5 and Section 6 hereof hereof, respectively, is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) hereof, or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision provisions hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesPurchased Bonds. 8.
Appears in 4 contracts
Samples: COMMONWEALTH EDISON Co, COMMONWEALTH EDISON Co, COMMONWEALTH EDISON Co
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 6 hereof is not satisfied, because of any termination pursuant to Section 10 10 hereof (other than clauses (ii(ii), (iii) or (iii(vi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 4 contracts
Samples: Underwriting Agreement (Star Peak Energy Transition Corp.), Underwriting Agreement (Star Peak Energy Transition Corp.), Underwriting Agreement (Powered Brands)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Initial Stockholders to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Santa Monica Media CORP), Underwriting Agreement (Santa Monica Media CORP), Underwriting Agreement (Santa Monica Media CORP)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof 4 is not satisfied, because of any termination pursuant to Section 10 9.2 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of Underwriters’ counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities, less any amounts previously paid pursuant to Section 3.11.
Appears in 3 contracts
Samples: Underwriting Agreement (KBL Merger Corp. Iv), Underwriting Agreement (KBL Merger Corp. Iv), Underwriting Agreement (KBL Merger Corp. Iv)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable documents fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Bluescape Opportunities Acquisition Corp.), Underwriting Agreement (Bluescape Opportunities Acquisition Corp.), Underwriting Agreement (Bluescape Opportunities Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Guarantor to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company and the Guarantor will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Renaissancere Holdings LTD, Renaissancere Holdings LTD, Renaissancere Holdings LTD
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative X.X. Xxxxxxxxx, Towbin LLC on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (CVD Equipment Corp), Medicalcv Inc, Tejas Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 9 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Corazon Capital V838 Monoceros Corp), Underwriting Agreement (Corazon Capital V838 Monoceros Corp), HumanCo Acquisition Corp.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Trajectory Alpha Acquisition Corp.), Underwriting Agreement (Trajectory Alpha Acquisition Corp.), Underwriting Agreement (Trajectory Alpha Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company, the Founding Shareholders, any holder of the Founders’ Shares or the Private Placement Warrants or any director or executive officer of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: North Asia Investment CORP, North Asia Investment CORP, North Asia Investment CORP
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof (other than clauses (ii), (iii), or (vii) thereof) is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable reasonably incurred out-of-pocket expenses (including reasonable reasonably incurred fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Fortress Value Acquisition Corp. IV), Underwriting Agreement (Fortress Value Acquisition Corp. III), Underwriting Agreement (Fortress Value Acquisition Corp. II)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Chenghe Acquisition Co.), Underwriting Agreement (Chenghe Acquisition Co.), Underwriting Agreement (Chenghe Acquisition Co.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 (other than Section 7(d)) hereof is not satisfied, because of any termination pursuant to Section 10 12(i) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of by the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative [ ] on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Allstate Financing X), Underwriting Agreement (Allstate Financing Iii), Underwriting Agreement (Allstate Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Company, the Operating Partnership or the Selling Stockholders to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP), Execution Version (Brixmor Operating Partnership LP)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 9 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company, or any failure on the part of a Founder or any director or executive officer of the Company to perform any material agreement herein or comply with any material provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Sapphire Industrials Corp.), Underwriting Agreement (Sapphire Industrials Corp.), Underwriting Agreement (Sapphire Industrials Corp.)
Reimbursement of Underwriters’ Expenses. If (a) the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or satisfied because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the UnderwritersUnderwriters or (b) this Agreement is terminated due to a suspension by the Commission or the NYSE of trading in the Common Stock, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (UDR, Inc.), Underwriting Agreement (UDR, Inc.), Underwriting Agreement (UDR, Inc.)
Reimbursement of Underwriters’ Expenses. If the sale of the ---------------------------------------- Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Issuers to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, each of the Company will Issuers, jointly and severally, agree to reimburse the Underwriters severally through the Representative Xxxxxxx Xxxxx Barney on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters Underwriter set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of Credit Suisse Securities (USA) LLC [Pricing Date] any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the UnderwritersUnderwriter, the Company will reimburse the Underwriters severally Underwriter through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Marquee Raine Acquisition Corp.), Underwriting Agreement (Marquee Raine Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof or any condition to the obligations of the Company in Section 10 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) 11 or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof hereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them the Underwriters in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wisconsin Electric Power Co)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative [NAME OF LEAD UNDERWRITER] on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Chesapeake Corp /Va/), Chesapeake Corp /Va/
Reimbursement of Underwriters’ Expenses. If the sale of the ---------------------------------------- Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative [ ] on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: National Service Industries Inc, National Service Industries Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Initial Stockholders to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Santa Monica Media CORP), Underwriting Agreement (Santa Monica Media CORP)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the UnderwritersUnderwriters (but excluding any termination pursuant to Section 11 hereof), the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Enbridge Inc), Enbridge Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Units provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 10(i) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Partnership to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Partnership will reimburse the Underwriters severally through the Representative Xxxxx Fargo Securities, LLC on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesUnits.
Appears in 2 contracts
Samples: Underwriting Agreement (Targa Resources Partners LP), Underwriting Agreement (Targa Resources Partners LP)
Reimbursement of Underwriters’ Expenses. If the sale of the --------------------------------------- Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Xxxxxxx Xxxxx Barney on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Petsmart Com Inc), Enact Health Management Systems
Reimbursement of Underwriters’ Expenses. If the sale of the ---------------------------------------- Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the lead Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Sprint Capital Corp, Sprint Capital Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof [(other than clauses (ii), (iii), or (vii) thereof)] is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable reasonably incurred out-of-pocket expenses (including reasonable reasonably incurred fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Fortress Value Acquisition Corp.), Underwriting Agreement (Fortress Value Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters Underwriter set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiiv) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the UnderwritersUnderwriter, the Company will reimburse the Underwriters severally through the Representative Underwriter on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Gaming & Hospitality Acquisition Corp.), Underwriting Agreement (Gaming & Hospitality Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Selling Stockholder to perform any agreement herein or comply with any provision hereof other than by reason of due primarily to a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable and documented out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Continental Building Products, Inc., Continental Building Products, Inc.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Bonds provided for herein is not consummated (i) because this Agreement is terminated pursuant to Section 11 or (ii) because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof hereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the SecuritiesBonds, including the reasonable fees and disbursements of counsel for the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Northern States Power Co), Northern States Power Co
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 9 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Securities Assignment Agreement (Terrapin 3 Acquisition Corp), Securities Assignment Agreement (Terrapin 3 Acquisition Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 9 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Figure Acquisition Corp. I, Figure Acquisition Corp. I
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Units provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 10(i) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Partnership Parties to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Partnership Parties will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesUnits.
Appears in 2 contracts
Samples: Underwriting Agreement (Hoegh LNG Partners LP), Underwriting Agreement (Hoegh LNG Partners LP)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Offered Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof hereof, other than by reason of (i) a default by any of the UnderwritersUnderwriters or (ii) a termination of this Agreement pursuant to Section 10 hereof, the Company will reimburse the Underwriters severally through the Representative on demand severally, upon demand, for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesOffered Certificates.
Appears in 2 contracts
Samples: Underwriting Agreement (Ge Capital Commercial Mortgage Corp), Ge Commercial Mortgage Corp
Reimbursement of Underwriters’ Expenses. If the sale of the ---------------------------------------- Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of one Underwriters' counsel) approved by the Representatives that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Vintage Petroleum Capital I, Vintage Petroleum Capital I
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 8 hereof is not satisfied, because of any termination pursuant to Section 10 12 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Fund, the Manager or the Subadviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Manager will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (ClearBridge Energy MLP Total Return Fund Inc.), Underwriting Agreement (ClearBridge Energy MLP Opportunity Fund Inc.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Shares provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Operating Partnership to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Fxxxxx, Bxxxx Wxxxx, Incorporated on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesShares.
Appears in 2 contracts
Samples: Gladstone Commercial Corp, Gladstone Commercial Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof clause (other than clauses (iii) or (iii) thereof) of Section 11 hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Cenovus Energy Inc.), Underwriting Agreement (Cenovus Energy Inc.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Units provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 10(i) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Spectra Parties to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Spectra Parties will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesUnits.
Appears in 2 contracts
Samples: Underwriting Agreement (Spectra Energy Partners, LP), Agreement (Spectra Energy Partners, LP)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof or any condition to the obligations of the Company in Section 10 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) 11 or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof hereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on Underwriters, severally, upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them the Underwriters in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Wisconsin Electric Power Co), Wisconsin Electric Power Co
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company, the Founders, the Sponsors, any holder of the Founders’ Common Stock or Sponsors’ Warrants or any director or executive officer of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Reimbursement of Underwriters’ Expenses. If the sale of either the Securities Series 99 Bonds or the Series 100 Bonds provided for herein is not consummated because any condition to the obligations of the Underwriters or the Company set forth in Section 5 and Section 6 hereof hereof, respectively, is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) hereof, or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision provisions hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of such series of the SecuritiesPurchased Bonds.
Appears in 2 contracts
Samples: Commonwealth Edison Co, Commonwealth Edison Co
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 9 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, including as described in Section 20 hereof, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable and documented out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: KKR Acquisition Holdings I Corp., KKR Acquisition Holdings I Corp.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable reasonably incurred out-of-pocket expenses (including reasonable reasonably incurred fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (SK Growth Opportunities Corp), Underwriting Agreement (SK Growth Opportunities Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 10(i)(with respect to a suspension in the trading of the Company’s common stock only) hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable properly documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Ryder System Inc, Ryder System Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Shares provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or Xxxxx Fargo to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including including, without limitation, reasonable fees and disbursements of counselcounsel and those described in Section 5(j) hereof) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesShares.
Appears in 2 contracts
Samples: Underwriting Agreement (Wells Fargo Real Estate Investment Corp.), Underwriting Agreement (Wells Fargo Real Estate Investment Corp.)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Notes provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (iiSections 10(i) or (iii10(iv) thereof) hereof or because of any refusal, inability or failure on the part of the Company Partnership Entities to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Partnership Entities covenant and agree that the Partnership will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesNotes.
Appears in 2 contracts
Samples: Underwriting Agreement (DCP Midstream Partners, LP), DCP Midstream Partners, LP
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Representatives on demand for all [reasonable out-of-pocket pocket] expenses (including reasonable fees and disbursements of Underwriters’ counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Federal Street Acquisition Corp.), Underwriting Agreement (Kayne Anderson Acquisition Corp)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company Issuer or the Operating Partnership to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company Issuer will reimburse the Underwriters severally through the Representative Representatives on demand for all reasonable and documented out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Easterly Government Properties, Inc.), Easterly Government Properties, Inc.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities ---------------------------------------- Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or the Note Issuer or the Trust to perform any agreement herein or comply with any provision hereof other than by reason of a default (including under Section 9) by any of the Underwriters, the Company will and the Note Issuer will, jointly and severally, reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the SecuritiesCertificates.
Appears in 2 contracts
Samples: Underwriting Agreement (Sce Funding LLC), Sdg&e Funding LLC a De Limited Liability Co
Reimbursement of Underwriters’ Expenses. If the sale of the --------------------------------------- Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative Xxxxxxx Xxxxx Barney Inc. on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii), (iii), (v) or (iiivi) thereof) or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through the Representative on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: FirstMark Acquisition Corp. II, FirstMark Acquisition Corp. III
Reimbursement of Underwriters’ Expenses. If the sale of the ---------------------------------------- Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof (other than clauses (ii) or (iii) thereof) or because of any refusal, inability or failure on the part of the Company or any Guarantor to perform any agreement herein or comply with any provision hereof in each case other than by reason of a default by any of the Underwriters, the Company and the Guarantors jointly and severally will reimburse the Underwriters severally through the Representative on upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Delco Remy International Inc, Nabco Inc /Mi/