Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 21 contracts
Samples: Underwriting Agreement (Xcyte Therapies Inc), Underwriting Agreement (Xcyte Therapies Inc), Underwriting Agreement (Xcyte Therapies Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 11 contracts
Samples: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Mfa Mortgage Investments), Underwriting Agreement (Mfa Financial, Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(p) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 11 contracts
Samples: Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 10 contracts
Samples: Underwriting Agreement (Nuvelo Inc), Underwriting Agreement (Nuvelo Inc), Underwriting Agreement (Neopharm Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the a default by one or more of the Underwriters in its or their respective obligations hereunder, the Company and the Partnership, jointly and severally, shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their Underwriters’ counsel.
Appears in 9 contracts
Samples: Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(p) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 9 contracts
Samples: Underwriting Agreement (Chimera Investment Corp), Underwriting Agreement (Mfa Financial, Inc.), Underwriting Agreement (Annaly Capital Management Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered Underwriters shall decline to purchase the Securities for any reason other than the termination permitted under Section 6 or Section 9 of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderAgreement, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, shall reimburse the Underwriters for all the reasonable fees and expenses of their counsel and for such other out-of-pocket expensesexpenses as shall have been reasonably incurred by them in connection with the Terms Agreement and the proposed purchase of the Securities, including and upon demand the fees and disbursements of their counselCompany shall pay the full amount thereof to the Representatives.
Appears in 9 contracts
Samples: Terms Agreement (First Data Corp), Terms Agreement (First Data Corp), Terms Agreement (First Data Corp)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 8 contracts
Samples: Underwriting Agreement (Schwab Charles Corp), Underwriting Agreement (Schwab Charles Corp), Underwriting Agreement (Schwab Charles Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(p) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 8 contracts
Samples: Underwriting Agreement (CreXus Investment Corp.), Underwriting Agreement (Chimera Investment Corp), Underwriting Agreement (Chimera Investment Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 11 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) 7 hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 8 contracts
Samples: Underwriting Agreement (Kaiser Aluminum Corp), Underwriting Agreement (ICF International, Inc.), Underwriting Agreement (ICF International, Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(l) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 6 contracts
Samples: Underwriting Agreement (SLM Corp), Underwriting Agreement (SLM Corp), Underwriting Agreement (Extra Space Storage Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(l) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 5 contracts
Samples: Underwriting Agreement (Sun Healthcare Group Inc), Underwriting Agreement (Indevus Pharmaceuticals Inc), MCG Capital Corp
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 5 contracts
Samples: Underwriting Agreement (Dyax Corp), Underwriting Agreement (Avigen Inc \De), Underwriting Agreement (Otter Tail Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth last paragraph of Section 8 7 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n3(m) hereof, to reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 5 contracts
Samples: Underwriting Agreement (Mapinfo Corp), Underwriting Agreement (Paincare Holdings Inc), Underwriting Agreement (NMS Communications Corp)
Reimbursement of Underwriters’ Expenses. If the Shares Units are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company Partnership shall, in addition to paying the amounts described in Section 4(n) 5 hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 5 contracts
Samples: Underwriting Agreement (Crestwood Midstream Partners LP), Crestwood Midstream Partners LP, Crestwood Midstream Partners LP
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 4 contracts
Samples: Underwriting Agreement (Nuco2 Inc /Fl), Underwriting Agreement (Aladdin Knowledge Systems LTD), Underwriting Agreement (Wheeling Pittsburgh Corp /De/)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the a default by one or more of the Underwriters in its or their respective obligations hereunder, the Company and the Partnership, jointly and severally, shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their Underwriters’ counsel.
Appears in 4 contracts
Samples: Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderhereof, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 4 contracts
Samples: Underwriting Agreement (Doral Financial Corp), Underwriting Agreement (Doral Financial Corp), Underwriting Agreement (Doral Financial Corp)
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated and the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counselcounsel incurred in connection with this Agreement and the transaction contemplated thereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (MONROE CAPITAL Corp), Underwriting Agreement (MONROE CAPITAL Corp), Underwriting Agreement (MONROE CAPITAL Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph first two paragraphs of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, shall reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 4 contracts
Samples: Underwriting Agreement (Veritas DGC Inc), Underwriting Agreement (Celgene Corp /De/), Underwriting Agreement (Autocyte Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(p) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 4 contracts
Samples: Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderreason, the Company agrees that it shall, in addition to paying the amounts described in Section 4(n) 5 hereof, reimburse the Underwriters for all of their properly documented out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 4 contracts
Samples: Underwriting Agreement (DHT Holdings, Inc.), Underwriting Agreement (DHT Holdings, Inc.), Purchase Agreement (DHT Maritime, Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares Underwriters’ Securities are not delivered for any reason other than the termination of this Agreement agreement pursuant to the fifth paragraph of Section 8 5 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderto purchase Underwriters’ Securities pursuant to any Terms Agreement, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, shall reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the fees and disbursements expenses of their counsel.
Appears in 4 contracts
Samples: Underwriting Agreement (Anheuser-Busch Companies, Inc.), Underwriting Agreement (Anheuser-Busch Companies, Inc.), Underwriting Agreement (Anheuser Busch Companies Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(k) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Wattles Acquisition Corp), Underwriting Agreement (Lambert's Cove Acquisition CORP), Underwriting Agreement (Enterprise Acquisition Corp.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderhereunder or pursuant to Section 7(b) hereof, the Company shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Thornburg Mortgage Inc), Underwriting Agreement (Thornburg Mortgage Inc), Underwriting Agreement (Thornburg Mortgage Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Offered Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n3(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)
Reimbursement of Underwriters’ Expenses. If the Shares Notes are not delivered for any reason other than the termination of this Agreement pursuant to clause (iii), (v) or (vi) of Section 8 or the fifth last paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(k) hereof, reimburse the Underwriters for all of their reasonable and documented out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Devon Energy Corp/De), Underwriting Agreement (Devon Energy Corp/De), Underwriting Agreement (Devon Energy Corp/De)
Reimbursement of Underwriters’ Expenses. If the Shares Offered Securities are not delivered for any reason other than the termination of this Underwriting Agreement pursuant to the fifth second paragraph of Section 8 7 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n4(j) hereof, to reimburse the Underwriters Underwriter for all of their its reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their its counsel.
Appears in 3 contracts
Samples: La Jolla Pharmaceutical Co, Pharmacyclics Inc, La Jolla Pharmaceutical Co
Reimbursement of Underwriters’ Expenses. If the Shares Offered Securities are not delivered for any reason other than the termination of this Underwriting Agreement pursuant to the fifth second paragraph of Section 8 7 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n4(j) hereof, to reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Barrier Therapeutics Inc, Dynavax Technologies Corp, Point Therapeutics Inc
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their its out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Dyax Corp), Underwriting Agreement (Dyax Corp), Underwriting Agreement (Dyax Corp)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Mfa Financial, Inc.), Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Mfa Financial, Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(q) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Intervideo Inc), Underwriting Agreement (Bam Entertainment Inc), Underwriting Agreement (Bam Entertainment Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(q) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 3 contracts
Samples: Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth last paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n4(l) hereof, to reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Telik Inc), Underwriting Agreement (Telik Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderhereunder or the failure to satisfy the condition precedent described in Section 6(c), the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable, documented fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Adesa Inc), Underwriting Agreement (Adesa Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderreason, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Hythiam Inc), Underwriting Agreement (Hythiam Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters Underwriter for all of their its out-of-pocket expensesexpenses reasonably incurred in connection with this Agreement and the offering contemplated hereby, including the fees and disbursements of their its counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (International Shipholding Corp), Underwriting Agreement (International Shipholding Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(q) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Annaly Mortgage Management Inc), Thornburg Mortgage Inc
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph first two paragraphs of Section 8 7 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Wci Communities Inc), Underwriting Agreement (Wci Communities Inc)
Reimbursement of Underwriters’ Expenses. If After the Shares execution of this Agreement, if the Securities are not delivered for any reason other than the termination of this Agreement pursuant to clause (2) contained in Section 7 or the fifth paragraph of Section 8 hereof hereof, or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(i) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (SP Acquisition Holdings, Inc.), Underwriting Agreement (SP Acquisition Holdings, Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company and the Selling Stockholders, jointly and severally, shall, in addition to paying the amounts described in Section 4(n5(b)(i) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Bruker Corp), Underwriting Agreement (Bruker Biosciences Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(k) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Harmonic Inc), MCG Capital Corp
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(l) hereof, reimburse the Underwriters Underwriter for all of their its reasonably incurred out-of-pocket expenses, including the reasonable fees and disbursements of their its counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Extra Space Storage Inc.), Underwriting Agreement (Extra Space Storage Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not --------------------------------------- delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph first two paragraphs of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n6(a) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Netopia Inc), Underwriting Agreement (Andrx Corp)
Reimbursement of Underwriters’ Expenses. If the Shares Notes are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderhereunder or the failure to satisfy the condition precedent described in Section 7(c), the Company shall, in addition to paying the amounts described in Section 4(n5(m) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable, documented fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Adesa Inc), Underwriting Agreement (Adesa Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth last paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n4(l) hereof, to reimburse the Underwriters for all of their out-of-pocket expenses, expenses (including the fees and disbursements of their counsel) reasonably incurred in connection with this Agreement and in furtherance of the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to Section 7 and the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their reasonably incurred out-of-pocket expenses, including the reasonably incurred fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Phi Inc), Underwriting Agreement (Petroleum Helicopters Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Offered Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth first paragraph of Section 8 7 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n4(j) hereof, to reimburse the Underwriters Underwriter for all of their its reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their its counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Dyax Corp), La Jolla Pharmaceutical Co
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(q) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (AtriCure, Inc.), Underwriting Agreement (AtriCure, Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(n) hereof, reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Maidenform Brands, Inc.), Underwriting Agreement (Maidenform Brands, Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(s) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Omega Healthcare (Omega Healthcare Investors Inc), Underwriting Agreement (Omega Healthcare Investors Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable and documented fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Technical Olympic Usa Inc), Underwriting Agreement (Technical Olympic Usa Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth second paragraph of Section 8 7 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Execution Copy (Charter Municipal Mortgage Acceptance Co), Esterline Technologies Corp
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying shall pay the amounts described in Section 4(n5(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Comtech Group Inc), Underwriting Agreement (Comtech Group Inc)
Reimbursement of Underwriters’ Expenses. If the Depositary Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Schwab Charles Corp), Underwriting Agreement (Schwab Charles Corp)
Reimbursement of Underwriters’ Expenses. If the Shares Notes are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company Issuers shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (William Lyon Homes), Underwriting Agreement (William Lyon Homes)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 11 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company Selling Stockholders, jointly and severally, shall, in addition to paying the amounts described in Section 4(n) 7 hereof, reimburse the Underwriters Underwriter for all of their its out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Koppers Holdings Inc., Koppers Holdings Inc.
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(l) hereof, reimburse the Underwriters Underwriter for all of their its out-of-pocket expenses, including the fees and disbursements of their its counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Extra Space Storage Inc.), Underwriting Agreement (Extra Space Storage Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Thornburg Mortgage Inc), Underwriting Agreement (Thornburg Mortgage Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(o) hereof, reimburse the non-defaulting Underwriters for all of their out-of-pocket expensesexpenses incurred, including the reasonable fees and disbursements of their counselcounsel incurred in connection with this Agreement and the transactions contemplated hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (BlackRock Kelso Capital CORP), Underwriting Agreement (BlackRock Kelso Capital CORP)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph first two paragraphs of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, shall reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Digicon Inc), Underwriting Agreement (Stericycle Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Notes are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 7(b)(iii)-(v) hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(nshall (i) hereof, reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including expenses and (ii) pay the fees and disbursements of their counselamounts described in Section 3(n) hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Prudential PLC), Underwriting Agreement (Prudential PLC)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 12 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) 7 hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (WorldSpace, Inc), Underwriting Agreement (WorldSpace, Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not --------------------------------------- delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(p) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Thornburg Mortgage Inc, Thornburg Mortgage Inc
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to clause (y) of the second paragraph of Section 7 hereof or the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(i)(n) hereof, reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Ilex Oncology Inc), Underwriting Agreement (Ilex Oncology Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to Subsection (2) of the fifth second paragraph of Section 8 hereof 7 or the default by one or more the Underwriter of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) 4(m); hereof, reimburse the Underwriters Underwriter for all of their its out-of-pocket expenses, including the fees and disbursements of their its counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Maxwell Technologies Inc), Maxwell Technologies Inc
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Underwriting Agreement (Mfa Mortgage Investments), Underwriting Agreement (Mfa Mortgage Investments)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph first two paragraphs of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n6(a) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 2 contracts
Samples: Northeast Optic Network Inc, Corixa Corp
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph first two paragraphs of Section 8 10 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n6(a) hereof, reimburse the Underwriters Underwriter for all of their its out-of-pocket expenses, including the fees and disbursements of their its counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Cypress Semiconductor Corp /De/)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 11 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) 7 hereof, reimburse the Underwriters for all of their reasonably incurred out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Samples: Ocean Power Technologies, Inc.
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderhereof, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their out-of-pocket expensesaccountable expenses actually incurred, including the fees and disbursements of their counsel.
Appears in 1 contract
Samples: Cepheid
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(p) hereof, reimburse the Underwriters for all of their actual out-–of-–pocket expensesexpenses incurred, including the reasonable fees and disbursements of their counselcounsel incurred in connection with this Agreement and the transactions contemplated hereunder.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth last paragraph of Section 8 7 hereof or the default by one or more of the Underwriters Underwriter in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n4(l) hereof, to reimburse the Underwriters Underwriter for all of their its out-of-pocket expenses, including the reasonable fees and disbursements of their its counsel.
Appears in 1 contract
Samples: Tularik Inc
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable, documented fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Huron Consulting Group Inc.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth second paragraph of Section 8 7 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(s) hereof, reimburse the Underwriters for all of their accountable out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expensesexpense incurred, including the fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Inkine Pharmaceutical Co Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse rxxx- bxxxx the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares Notes are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(p) hereof, reimburse the Underwriters for all of their out-of-out of pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(o) hereof, reimburse the Underwriters for all of their out-of-pocket expensesexpenses incurred, including the reasonable fees and disbursements of their counselcounsel incurred in connection with this Agreement and the transactions contemplated hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (BlackRock Kelso Capital CORP)
Reimbursement of Underwriters’ Expenses. If the Shares Notes are not delivered for any reason other than the termination of this Agreement pursuant to the fifth second paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) 6 hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(o) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Omega Healthcare Investors Inc)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or 10 hereof, the default by one or more of the Underwriters in its or their respective obligations hereunderhereunder or the failure to satisfy the condition precedent described in Section 8(f) hereof, the Company shall, in addition to paying the amounts described in Section 4(n5(n) hereof, reimburse the Underwriters for all of their reasonable, documented out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth last paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n5(b) hereof, to reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Telik Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderhereof, the Company shallSelling Stockholder and the Company, jointly and severally, agree, in addition to paying the amounts described in Section 4(n4(ii)(b) hereof, to reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(m) hereof, reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Samples: ICF International, Inc.
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than (A) the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or (B) the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to clauses 2(A), 2(C), 2(D) or 2(E) of the second paragraph of Section 7 and the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(l) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this the Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shallhereby agrees to, in addition to paying the amounts described in Section 4(nSections 4(k)(iv) and 4(k)(vi) hereof, reimburse the Underwriters for all of their reasonable out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (New Century Financial Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth last paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shallagrees, in addition to paying the amounts described in Section 4(n) hereof, to reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth second paragraph of Section 8 7 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company Issuers shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Samples: Beazer Homes Usa Inc
Reimbursement of Underwriters’ Expenses. If this Agreement is terminated and the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(n) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counselcounsel incurred in connection with this Agreement and the transaction contemplated thereunder.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement agreement pursuant to the fifth paragraph of Section 8 11 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) 7 hereof, reimburse the Underwriters for all of their out-of-out of pocket expenses, including the fees and disbursements of their counselcounsel reasonably incurred by them in connection with the offering of the Shares and in no event to exceed US$874,000.
Appears in 1 contract
Samples: Underwriting Agreement (Qiao Xing Mobile Communication Co., Ltd.)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n) hereof, reimburse reim- burse the Underwriters Underwritxxx for all of their reasonably incurred out-of-pocket expensespocxxx xxpenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Valera Pharmaceuticals Inc)
Reimbursement of Underwriters’ Expenses. If the Shares Securities are not delivered for any reason other than the termination of this Agreement pursuant to the fifth first two paragraphs of Section 7 hereof or pursuant to the last paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company Issuers shall, in addition to paying the amounts described in Section 4(n4(k) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Hollywood Entertainment Corp)
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 9 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(p) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counselcounsel incurred in connection with this Agreement and the transaction contemplated thereunder.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunderhere-under, the Company shall, in addition to paying the amounts described in Section 4(n6(a) hereof, reimburse the Underwriters for all of their out-of-out of pocket expenses, including the fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to Section 9(y) hereof, the fifth paragraph of Section 8 10 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n5(m) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable and documented fees and disbursements of their counsel.
Appears in 1 contract
Reimbursement of Underwriters’ Expenses. If the Shares are not delivered for any reason other than the termination of this Agreement pursuant to the fifth paragraph of Section 8 hereof or the default by one or more of the Underwriters in its or their respective obligations hereunder, the Company shall, in addition to paying the amounts described in Section 4(n4(j) hereof, reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of their counsel.
Appears in 1 contract
Samples: Underwriting Agreement (Pzena Investment Management, Inc.)