Termination Because of Noncompliance. This Agreement may be terminated in its entirety by the Underwriter by notice to the Company prior to its effectiveness in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement which the Company is required by this Agreement to be performed, complied with or fulfilled (including but not limited to those specified in Sections 2, 3, 4, 5, and 8 hereof) within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Underwriter in writing.
Appears in 5 contracts
Samples: Underwriting Agreement (Pelion Systems Inc), Underwriting Agreement (Jovian Energy Inc), Underwriting Agreement (China Hospitals Inc)
Termination Because of Noncompliance. This Agreement may be terminated in its entirety by the Underwriter Representative by notice to the Company prior to its effectiveness in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement which the Company is required by this Agreement to be performed, complied with or fulfilled (including but not limited to those specified in Sections 2, 3, 4, 5, and 8 hereof) within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Underwriter Representative in writing.
Appears in 5 contracts
Samples: Underwriting Agreement (Integcom Corp), Underwriting Agreement (Premier Concepts Inc /Co/), Underwriting Agreement (Creative Host Services Inc)
Termination Because of Noncompliance. This Agreement may be terminated in its entirety by the Underwriter Representative by notice to the Company prior to its effectiveness or in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement which on the part of the Company is required by this Agreement to be performed, complied with or fulfilled (including but not limited to those specified in Sections 2, 3, 4, 5, and 8 hereof) within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Underwriter Representative in writing.
Appears in 3 contracts
Samples: Underwriting Agreement (Double Eagle Petroleum & Mining Co), Underwriting Agreement (Imagenetix Inc), Imagenetix Inc