Common use of Reimbursement of Underwriters Clause in Contracts

Reimbursement of Underwriters. Notwithstanding any other provisions hereof, if this Agreement shall not become effective by reason of any election of the Company pursuant to the first paragraph of Section 10 or shall be terminated by the Representatives by reason of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, the Company will bear and pay the expenses specified in Section 5 hereof and, in addition to the obligations of the Company pursuant to Section 6 hereof, the Company will reimburse the reasonable out-of-pocket expenses of the several Underwriters (including reasonable fees and disbursements of counsel for the Underwriters) incurred in connection with this Agreement and the proposed purchase of the Stock, and promptly upon demand the Company will pay such amounts to you as Representatives.

Appears in 2 contracts

Samples: Underwriting Agreement (Kos Pharmaceuticals Inc), Underwriting Agreement (Kos Pharmaceuticals Inc)

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Reimbursement of Underwriters. Notwithstanding any other provisions ----------------------------- hereof, if this Agreement shall not become effective by reason of any election of the Company pursuant to the first paragraph of Section 10 11 or shall be ---------- terminated by the Representatives by reason of any failure under Section 9 or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this AgreementSection 11, the Company --------- ---------- will bear and pay the expenses specified in Section 5 hereof 6 and, in addition to the its --------- obligations of the Company pursuant to Section 6 hereof7, the Company will reimburse the reasonable --------- out-of-pocket expenses of the several Underwriters (including reasonable fees and disbursements of counsel for the Underwriters) incurred in connection with this Agreement and the proposed purchase of the Stock, and promptly upon demand the Company will pay such amounts to you as the Representatives.

Appears in 1 contract

Samples: Epitaxx Inc

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Reimbursement of Underwriters. Notwithstanding Notwith standing any other provisions hereof, if this Agreement shall not become effective by reason of any election of the Company pursuant to the first paragraph of Section 10 or shall be terminated by the Representatives by reason of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, the Company will bear and pay the expenses specified in Section 5 hereof and, in addition to the obligations of the Company pursuant to Section 6 hereof, the Company will reimburse the reasonable out-of-pocket expenses of the several Underwriters (including reasonable fees and disbursements of counsel for the Underwriters) incurred in connection with this Agreement and the proposed purchase of the Stock, and promptly upon demand the Company will pay such amounts to you as Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Kos Pharmaceuticals Inc)

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