Common use of Termination Because of Noncompliance Clause in Contracts

Termination Because of Noncompliance. This Agreement may be terminated in its entirety by the Underwriters 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 Underwriters in writing.

Appears in 3 contracts

Samples: Underwriting Agreement (Reeds Inc), Underwriting Agreement (Us Dry Cleaning Corp), Underwriting Agreement (Reeds Inc)

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Termination Because of Noncompliance. This Agreement may be terminated in its entirety by the Underwriters 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 respec­tive times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Underwriters Underwriter in writing.

Appears in 1 contract

Samples: Underwriting Agreement (Pelion Systems Inc)

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