Common use of Selling Stockholder Default Clause in Contracts

Selling Stockholder Default. (a) If any Selling Shareholder shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 7, 8, 11 and 16 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 shall relieve any Selling Shareholder so defaulting from liability, if any, in respect of such default.

Appears in 4 contracts

Samples: Underwriting Agreement (NRG Energy, Inc.), Underwriting Agreement (NRG Energy, Inc.), Underwriting Agreement (NRG Energy, Inc.)

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Selling Stockholder Default. (a) If any Selling Shareholder Stockholder or Selling Stockholders shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter Lead Managers may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 11 9, 12 and 16 13 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 11 shall relieve any Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 2 contracts

Samples: Letter Agreement (Reddy Ice Holdings Inc), Underwriting Agreement (Reddy Ice Holdings Inc)

Selling Stockholder Default. (a) If any the Selling Shareholder Stockholder shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 11 9, 12, 13 and 16 14 through 19 inclusive hereof shall remain in full force and effect. No action taken pursuant to this Section 10 11 shall relieve any the Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 2 contracts

Samples: Letter Agreement (Quanta Services Inc), First Reserve Gp Ix Inc

Selling Stockholder Default. (ai) If any Selling Shareholder Stockholder or Selling Stockholders shall default in its or their obligation to sell and deliver any Firm Shares hereunder, then the Underwriter Lead Managers may, by notice to the Company, terminate this Agreement without any liability on the part pat of any non-defaulting party except that the provisions of Sections 10, 25, 7, 8, 10 and 11 and 16 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 9 shall relieve any Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 2 contracts

Samples: Underwriting Agreement (Komag Inc /De/), Underwriting Agreement (Komag Inc /De/)

Selling Stockholder Default. (a) If any Selling Shareholder Stockholder or Selling Stockholders shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter Representatives may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 7, 89, 11 10 and 16 13 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 12 shall relieve any Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Underwriting Agreement (Alaris Medical Systems Inc)

Selling Stockholder Default. (a) If any Selling Shareholder Stockholder or Selling Stockholders shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter Lead Manager may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 11 9, 12 and 16 13 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 11 shall relieve any Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Underwriting Agreement (The9 LTD)

Selling Stockholder Default. (a) If any the Selling Shareholder Stockholder shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter Representatives may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 11 9, 12, 13 and 16 14 through 19 inclusive hereof shall remain in full force and effect. No action taken pursuant to this Section 10 11 shall relieve any the Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Letter Agreement (Quanta Services Inc)

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Selling Stockholder Default. (a) If any Selling Shareholder Stockholder or Selling Stockholders shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter you may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 11 9, 12 and 16 13 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 11 shall relieve any Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Inveresk Research Group Inc

Selling Stockholder Default. (a) If any Selling Shareholder Stockholder or Selling Stockholders shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter you may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 9, 11 and 16 12 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 shall relieve any Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Underwriting Agreement (Inveresk Research Group Inc)

Selling Stockholder Default. (a) If any the Selling Shareholder Stockholder shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 9, 11 and 16 12 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 shall relieve any the Selling Shareholder so defaulting Stockholder from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Underwriting Agreement (Metro-Goldwyn-Mayer Inc)

Selling Stockholder Default. (a) If any the Selling Shareholder Stockholder shall default in its or their obligation to sell and deliver any Shares hereunder, then the Underwriter Lead Manager may, by notice to the Company, terminate this Agreement without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 2, 76, 8, 11 9, 12 and 16 13 hereof shall remain in full force and effect. No action taken pursuant to this Section 10 11 shall relieve any the Selling Shareholder Stockholder so defaulting from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Underwriting Agreement (T-3 Energy Services Inc)

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