Common use of Sharing of Liability Clause in Contracts

Sharing of Liability. If any Underwriter defaults in its obligations: (a) pursuant to Section 5.1, 5.2 or 5.4 hereof, (b) to pay amounts charged to its account pursuant to Section 7.1, 7.2, or 8.1 hereof, or (c) pursuant to Section 9.2, 9.3, 9.4, 9.5, 9.6, or 11.1 hereof, you will assume your proportionate share (determined on the basis of the respective Underwriting Percentages of the non-defaulting Underwriters) of such obligations, but no such assumption will relieve any defaulting Underwriter from liability to the non-defaulting Underwriters, the Issuer, the Guarantor, or the Seller for its default.

Appears in 151 contracts

Samples: Master Agreement, Master Agreement, Master Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.)

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Sharing of Liability. If any Underwriter defaults shall default in its obligations: obligations (ai) pursuant to Section 5.1, 5.2 or 5.4 hereof5.4, (bii) to pay amounts charged to its account pursuant to Section 7.1, 7.2, 7.2 or 8.1 hereof, or (ciii) pursuant to Section 9.2, 9.3, 9.4, 9.5, 9.6, 9.6 or 11.1 hereof11.1, you will assume your proportionate share (determined on the basis of the respective Underwriting Percentages of the non-defaulting Underwriters) of such obligations, but no such assumption will shall relieve any defaulting Underwriter from liability to the non-defaulting Underwriters, the Issuer, the Guarantor, Guarantor or the Seller for its default.

Appears in 47 contracts

Samples: Master Agreement (Nuveen Build America Bond Opportunity Fund), Master Agreement (Nuveen Build America Bond Opportunity Fund), Master Agreement (ClearBridge Energy MLP Fund Inc.)

Sharing of Liability. If any Underwriter defaults in its obligations: (a) pursuant to Section 5.1, 5.2 or 5.4 hereof, (b) to pay amounts charged to its account pursuant to Section 7.1, 7.2, 7.2 or 8.1 hereof, or (c) pursuant to Section 9.2, 9.3, 9.4, 9.5, 9.6, 9.6 or 11.1 hereof, you will assume your proportionate share (determined on the basis of the respective Underwriting Percentages of the non-defaulting Underwriters) of such obligations, but no such assumption will relieve any defaulting Underwriter from liability to the non-defaulting Underwriters, the Issuer, the Guarantor, Guarantor or the Seller for its default.

Appears in 2 contracts

Samples: Master Agreement (StoneCastle Financial Corp.), Master Agreement (StoneCastle Financial Corp.)

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Sharing of Liability. If any Underwriter defaults in its obligations: (a) pursuant to Section 5.1, 5.2 or 5.4 hereof, (b) to pay amounts charged to its account pursuant to Section 7.1, 7.2, or 8.1 hereof, or (c) pursuant to Section 9.2, 9.3, 9.4, 9.5, 9.6, or 11.1 hereof, you will assume your proportionate share (determined on the basis of the respective Underwriting Percentages of the non-defaulting Underwriters) of such obligations, but no such assumption will relieve any defaulting Underwriter from liability to the non-non- defaulting Underwriters, the Issuer, the Guarantor, or the Seller for its default.

Appears in 1 contract

Samples: Master Agreement (RiverNorth Flexible Municipal Income Fund II, Inc.)

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