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. (b) In the event that such default occurs and the Company and Underwriter agree to proceed with the Offering, then the Underwriter may, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus which, in the opinion of Underwriter’s Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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. (bii) In the event that such default occurs and the Company and Underwriter Underwriters agree to proceed with the Offering, then the Underwriter Underwriters may, at the option of the Lead Managers, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus which, in the opinion of Underwriter’s Underwriters' Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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. (b) In the event that such default occurs and the Company and Underwriter Underwriters agree to proceed with the Offering, then the Underwriter Underwriters may, at your option, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus which, in the opinion of Underwriter’s Underwriters' Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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 Stockholder so defaulting from liability, if any, in respect of such default. (b) . In the event that such default occurs and the Company and the Underwriter agree to proceed with the Offering, then the Underwriter may, at its option, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus Supplement or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus Supplement which, in the opinion of Underwriter’s Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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. (b) In the event that such default occurs and the Company and Underwriter Underwriters agree to proceed with the Offering, then the Underwriter Underwriters may, at the option of the Lead Manager, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus which, in the opinion of Underwriter’s Underwriters’ Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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 so defaulting from liability, if any, in respect of such default. (b) . In the event that such default occurs and the Company and Underwriter Underwriters agree to proceed with the Offering, then the Underwriter Underwriters may, at the option of the Lead Managers, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus Supplement or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus Supplement which, in the opinion of Underwriter’s Underwriters’ Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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. (b) In the event that such default occurs and the Company and Underwriter Underwriters agree to proceed with the Offering, then the Underwriter Underwriters may, at the option of the Lead Managers, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date or Additional Closing Date, as the case may be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus which, in the opinion of Underwriter’s Underwriters' Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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. (b) In the event that such default occurs and the Company and Underwriter Underwriters agree to proceed with the Offering, then the Underwriter Underwriters may, at the option of the Lead Manager, or the Company shall have the right, in each case by notice to the other, to postpone the Closing Date be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus which, in the opinion of Underwriter’s Underwriters’ U.S. Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.

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. (b) In the event that such default occurs and the Company non-defaulting Selling Stockholders and Underwriter you agree to proceed with the Offering, then the Underwriter you may, at your option, or the Company non-defaulting Selling Stockholders shall have the right, in each case by notice to the other, to postpone the Closing Date be, for a period not exceeding five business days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus or in any other documents and arrangements, and the Company agrees to file promptly any amendment or supplement to the Registration Statement or the Prospectus which, in the opinion of Underwriter’s Counsel, may thereby be made necessary or advisable; and in no event shall the Company be obligated to increase the number of Shares it is required to sell hereunder.