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 5 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 93 contracts
Samples: Underwriting Agreement (International Business Machines Corp), Underwriting Agreement (International Business Machines Corp), Underwriting Agreement (International Business Machines 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 5 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 hereof or because of any refusal, inability or failure on the part of the Company The Republic 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 The Republic will reimburse the Underwriters severally upon demand in writing for all reasonably documented 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 41 contracts
Samples: Underwriting Agreement (Republic of Turkey), Underwriting Agreement (Republic of Turkey), Underwriting Agreement (Republic of Turkey)
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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 25 contracts
Samples: Underwriting Agreement (Fremont Home Loan Trust 2006-C), Underwriting Agreement (Wachovia Mortgage Loan Trust, LLC), Underwriting Agreement (Fremont Mortgage Securities 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 5 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon through the 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: Pioneer Natural Resources Co, Transcanada Pipelines LTD, Pioneer Natural Resources Co
Reimbursement of Underwriters’ Expenses. If the sale to the Underwriters of the Securities Registered Certificates as provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not 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 provisions hereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally upon demand for all out-of-pocket expenses (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 SecuritiesRegistered Certificates.
Appears in 23 contracts
Samples: Citigroup Mortgage (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar3), Citigroup Mortgage (Citigroup Mortgage Loan Trust 2006-Ar6), Citigroup Mortgage (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1)
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company The Republic 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 The Republic will reimburse the Underwriters severally upon demand in writing for all reasonably documented 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: Underwriting Agreement (Republic of Turkey), Underwriting Agreement (Republic of Turkey), Underwriting Agreement (Republic of Turkey)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Underwritten Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof 6 is not 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 and Bank of America will reimburse the Underwriters severally severally, upon demand demand, for all 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 SecuritiesUnderwritten Certificates.
Appears in 12 contracts
Samples: Underwriting Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Underwriting Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Underwriting Agreement (Banc of America Commercial Mortgage Inc)
Reimbursement of Underwriters’ Expenses. If the sale of the Debt Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not 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 upon demand for all 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 11 contracts
Samples: Underwriting Agreement (Public Service Co of Colorado), Underwriting Agreement (Southwestern Public Service Co), Southwestern Public Service Co
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Underwritten Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof 6 is not 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 severally, upon demand demand, for all 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 SecuritiesUnderwritten Certificates.
Appears in 11 contracts
Samples: Underwriting Agreement (First Union Commercial Mortgage Securities Inc), Underwriting Agreement (First Union Commercial Mortgage Securities Inc), Underwriting Agreement (First Union Commercial Mortgage Securities 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 5 6 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon through the Representatives, on demand for all 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: Estee Lauder Companies Inc, Estee Lauder Companies Inc, Estee Lauder Companies 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 (Banc of America Commercial Mortgage Inc), Underwriting Agreement (Banc of America Commercial Mortgage Inc), Underwriting Agreement (Nationslink Funding 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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 upon on demand for all 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: PG&E Corp, PACIFIC GAS & ELECTRIC Co, PG&E 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 5 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all out-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: Fleet Financial Group Inc, Fleet Financial Group Inc, Fleet Financial Group 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon through the Representatives on demand for all 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 6 contracts
Samples: Underwriting Agreement (Glaxosmithkline Capital Inc), Underwriting Agreement (Glaxosmithkline Capital Inc), Underwriting Agreement
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 5 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon 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 (Pioneer Natural Resources Co), Transcanada Pipelines LTD, Transcanada Pipelines LTD
Reimbursement of Underwriters’ Expenses. If the sale of the Securities any Offered Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 Securitiessuch Offered Certificates.
Appears in 5 contracts
Samples: Underwriting Agreement (COMM 2007-C9 Mortgage Trust), Underwriting Agreement (COMM 2006-C8 Mortgage Trust), Underwriting Agreement (Deutsche Mortgage & Asset Receiving 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 5 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon through the 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 SecuritiesShares.
Appears in 4 contracts
Samples: Lock Up Agreement (Pioneer Natural Resources Co), Underwriting Agreement (Pioneer Natural Resources Co), Lock Up Agreement (Pioneer Natural Resources 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon through Citigroup Global Markets Inc. on demand for all 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: Spansion Inc., Spansion Inc., Spansion Inc.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Bonds provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not 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 upon demand for all 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 4 contracts
Samples: Northern States Power Co, Public Service Co of Colorado, Public Service Co of Colorado
Reimbursement of Underwriters’ Expenses. If the sale of the Purchased Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof is not 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 Underwriters, the Company will reimburse the 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 in connection with the proposed purchase and sale of the SecuritiesSecurities but the Company shall be under no further liability to the Underwriters with respect to such Securities except as provided in Section 7 hereof.
Appears in 3 contracts
Samples: Underwriting Agreement (TRW Inc), Underwriting Agreement (TRW Inc), Underwriting Agreement (TRW Inc)
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Bonds provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 SecuritiesBonds.
Appears in 3 contracts
Samples: Underwriting Agreement (Main Place Funding LLC), Underwriting Agreement (Main Place Funding LLC), Underwriting Agreement (Main Place Funding LLC)
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them the Underwriter in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Lockup Agreement (CAESARS ENTERTAINMENT Corp), Lockup Agreement (CAESARS ENTERTAINMENT Corp), Aimco Properties L.P.
Reimbursement of Underwriters’ Expenses. If the sale of the Purchased Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 Purchased Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (Honeywell International Inc), Underwriting Agreement (Honeywell International Inc), Honeywell International 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 Underwriter set forth in Section 5 7 hereof is not 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon 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 the Underwriter in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Underwriting Agreement (World Quantum Growth Acquisition Corp.), Underwriting Agreement (World Quantum Growth Acquisition Corp.), Underwriting Agreement (World Quantum Growth 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 5 6 hereof is not 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 upon demand for all out-of-pocket expenses (including reasonable fees and disbursements of counselcounsel not to exceed $30,000) that shall have been reasonably incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 3 contracts
Samples: Niagara Mohawk Power Corp /Ny/, Niagara Mohawk Power Corp /Ny/, Niagara Mohawk Power Corp /Ny/
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 5 6 hereof is not 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 upon demand for all 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 SecuritiesShares, including the reasonable fees and disbursements of counsel for the Underwriters.
Appears in 2 contracts
Samples: Xcel Energy Inc, Xcel Energy 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon through the Representatives on demand for all 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: Athlon Energy Inc., Athlon Energy 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 5 6 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon 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 (Pioneer Natural Resources Co), Pioneer Natural Resources 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 (Royal Gold Inc), Brandywine Realty Trust
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase loan and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 upon on demand for all 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: AltheaDx, Inc., AltheaDx, Inc.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities any Offered Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or therein or comply with any provision hereof or thereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 Securitiessuch Offered Certificates.]
Appears in 2 contracts
Samples: DLJ Commercial Mortgage Corp, Deutsche Mortgage & Asset Receiving 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 5 hereof is not satisfied or because of any refusal, inability or failure on the part of the Issuer 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 Company Issuer will reimburse the Underwriters severally upon demand for all 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 (International Business Machines Corp), International Business Machines Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Purchased Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all out-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 Purchased Securities.
Appears in 2 contracts
Samples: Alliedsignal Inc, Alliedsignal 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 (Orient Express Hotels LTD), Horizon Offshore Inc
Reimbursement of Underwriters’ Expenses. If the sale of the Securities any Offered Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not 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 upon demand for all 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 Securitiessuch Offered Certificates.
Appears in 2 contracts
Samples: DLJ Commerical Mort Comm Mort Pass THR Cer Ser 1999-Cg1, Commercial Mort Pass-Through Cert Ser 1998-Cf2
Reimbursement of Underwriters’ Expenses. If the sale of the Securities any Offered Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or therein or comply with any provision hereof or thereof, other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 Securitiessuch Offered Certificates.
Appears in 2 contracts
Samples: DLJ Commercial Mort Corp Comm Mort Pass THR Cer Ser 1998-Cg1, DLJ 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 5 6 hereof is not satisfied 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 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: McLeod Inc, McLeod 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 5 6 hereof is not satisfied satisfied, because of any termination resulting from the suspension of trading in the Company’s Common Stock by the Commission or the Amsterdam or New York Stock Exchanges, 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 upon through the Representatives on demand for all 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: Koninklijke Philips Nv, Koninklijke Philips Electronics Nv
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 5 3 hereof is not 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally Underwriter upon demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase and sale of the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Ba Mortgage Securities Inc/), Underwriting Agreement (Nations Mortgage Securities 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 5 hereof is not 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 Underwriters, the Company will reimburse the 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 in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
Samples: Underwriting Agreement (Republic New York Capital 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 1 contract
Samples: Underwriting Agreement (Southern California Edison Co)
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 5 6 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon through the 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 SecuritiesShares.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Stock provided for herein is not consummated because any condition to the obligations of the Underwriters Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them the Underwriter in connection with the proposed purchase and sale of the SecuritiesStock.
Appears in 1 contract
Samples: Dean Foods 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 Underwriter set forth in Section 5 7 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon through Xxxxxxx Xxxxx Barney Inc. on demand for all 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 1 contract
Samples: Copart 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 5 6 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon through the 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 1 contract
Samples: Pioneer Natural Resources 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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 Underwriters will reimburse the Underwriters severally upon demand be responsible for all 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, and the Company will be responsible for all costs and expenses incurred by it and themselves, respectively, including but not limited to the costs and expenses set forth in Section 5(a)(9) of this Agreement.
Appears in 1 contract
Samples: MEMSIC 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon demand Underwriter for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of Underwriter’’ counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
Samples: Ftac Zeus Acquisition 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 5 hereof 6 is not satisfied satisfied, because of any termination pursuant to Section 10 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 upon demand for all 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 1 contract
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 5 hereof is not 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 Underwriters, the Company will reimburse the 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 in connection with the proposed purchase and sale of the SecuritiesSecurities but the Company shall be under no further liability to the Underwriters with respect to such Securities except as provided in Section 7 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (TRW 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 5 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 1 contract
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 5 6 hereof is not satisfied satisfied, if any termination pursuant to Section 10 hereof shall occur or because in the case 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 upon demand for all out-of-pocket expenses that shall have been incurred by them (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securitiesthis Agreement.
Appears in 1 contract
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 5 hereof is not satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally upon through Banc of America Securities LLC on demand for all 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 1 contract
Reimbursement of Underwriters’ Expenses. If the sale of the ---------------------------------------- Purchased Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all reasonable out-of-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 1 contract
Samples: First Chicago NBD Corp
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Underwritten Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not satisfied or because of any refusal, inability or failure on the part of the Company Seller 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 Seller will reimburse the Underwriters severally upon demand for all 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 SecuritiesUnderwritten Certificates.
Appears in 1 contract
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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon through Saloxxx Xxxxx Xxxney on demand for all 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 1 contract
Samples: Hartford Life Capital I
Reimbursement of Underwriters’ Expenses. If the sale of the Purchased Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all out-ofout -of-pocket expenses (including reasonable fees and disbursements disburse- ments of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Purchased Securities.
Appears in 1 contract
Samples: Alliedsignal 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon through the Representatives on demand for all 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 1 contract
Samples: Underwriting Agreement (Glaxosmithkline Capital 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand through Xxxxxxx Xxxxx Barney Inc. for all 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 1 contract
Samples: Advanced Micro Devices 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-out of pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them the Underwriter in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
Samples: Novagold Resources 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 Underwriter set forth in Section 5 hereof is not satisfied satisfied, because of any termination pursuant to Section 8 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters Underwriter severally upon demand for all 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. Otherwise, the Underwriter shall pay its own expenses, including the fees and disbursements of counsel.
Appears in 1 contract
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-pocket documented expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
Samples: Underwriting Agreement (Catabasis Pharmaceuticals 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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 upon on demand for all 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 1 contract
Samples: Aimco Properties L.P.
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 Underwriters will reimburse the Underwriters severally upon demand be responsible for all 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, and the Company will be responsible for all costs and expenses incurred by it and themselves, respectively, including but not limited to the costs and expenses set forth in Section 5(9) of this Agreement.
Appears in 1 contract
Samples: MEMSIC 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 hereof 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 1 contract
Samples: ExlService 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 1 contract
Samples: Underwriting Agreement (Wachovia Asset Securitization 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 5 6 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon through Representatives on demand for all 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 1 contract
Samples: Neiman Marcus Group 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 1 contract
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 5 6 hereof is not satisfied 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 Underwriters, the Company will reimburse the 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 in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
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 5 hereof is not satisfied 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all out-of-pocket 13 14 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. 7.
Appears in 1 contract
Samples: Chrysler Corp /De
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the 12 12 Underwriters set forth in Section 5 hereof is not 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 Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 1 contract
Samples: Star Banc Corp /Oh/
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 5 hereof is not satisfied or because of any refusal, inability or failure on the part of the Trust 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 Company will reimburse the Underwriters severally upon demand for all 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. 7.
Appears in 1 contract
Samples: Time Warner Capital 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by them it in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 1 contract
Samples: Aimco Properties 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 Underwriter set forth in Section 5 7 hereof is not satisfied satisfied, because of any termination pursuant to 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase and sale of the SecuritiesOffering.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein in this Agreement is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 hereof is not satisfied or because of any refusal, inability or failure on the part of the Company to perform any agreement herein in this Agreement or comply with any provision hereof of this Agreement other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally upon demand for all 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 1 contract
Samples: Underwriting Agreement (Old Kent Financial Corp /Mi/)
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 5 6 hereof is not satisfied or because of any refusal, inability or failure on the part of the Company or the Issuer to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Issuer and the Company will reimburse the Underwriters severally upon through the Representatives on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred and documented by them in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
Samples: Shire PLC
Reimbursement of Underwriters’ Expenses. If the sale of the Securities Underwritten Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not satisfied or because of any refusal, inability or failure on the part of the Company Depositor 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 Depositor shall reimburse the Underwriters severally severally, upon demand demand, for all out-of-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 SecuritiesUnderwritten Certificates.
Appears in 1 contract
Samples: Underwriting Agreement (Natixis Commercial Mortgage Securities LLC)
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 5 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally Underwriter upon demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
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 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 10(i) 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 1 contract
Samples: Memorial Resource Development Corp.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because of any condition to the obligations of the Underwriters set forth in Section 5 6 hereof is not 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 Underwritershereof, the Company will reimburse the 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 in connection with the proposed purchase and sale of the Securities.
Appears in 1 contract
Samples: Norwest Financial 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 Underwriter set forth in Section 5 6 hereof is not satisfied satisfied, because of any termination pursuant to Section 9 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 UnderwritersUnderwriter, the Company will reimburse the Underwriters severally upon Underwriter on demand for all 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 1 contract
Samples: Underwriting Agreement (Endeavour International Corp)