THREAT OF REGULATORY ACTION. The Company and the Agent agree to advise each other immediately and confirm in writing the receipt of any threat of or the initiation of any steps or procedures which would impair or prevent the right to offer the Shares or the issuance of any "suspension orders" or other prohibitions preventing or impairing the proposed offering of the Shares. In the case of the happening of any such event, neither the Company nor the Agent will acquiesce in such steps, procedures or suspension orders if such acquiescence would adversely affect the other party and, in such event, each party agrees to actively defend any such actions or orders unless both parties agree in writing to acquiesce in such actions or orders or unless counsel for each party advises the parties that the probability of successfully defending against such actions or orders is remote.
Appears in 5 contracts
Samples: Agency Agreement (Proformance Research Organization Inc), Agency Agreement (Physical Spa & Fitness Inc), Agency Agreement (Proformance Research Organization Inc)
THREAT OF REGULATORY ACTION. The Company and the Agent Underwriter agree to advise each other immediately and confirm in writing the receipt of any threat of or the initiation of any steps or procedures which would impair or prevent the right to offer the Shares or the issuance of any "suspension orders" or other prohibitions preventing or impairing the proposed offering of the Shares. In the case of the happening of any such event, neither the Company nor the Agent Underwriter will acquiesce in such steps, procedures procedures, or suspension orders if such acquiescence would adversely affect the other party and, in such event, each party agrees to actively defend any such actions or orders unless both parties agree in writing to acquiesce in such actions or orders or unless counsel for each party advises the parties that the probability of successfully defending against such actions action or orders is remote.
Appears in 3 contracts
Samples: Skypath Networks Inc, Skypath Networks Inc, Ogden Golf Co Corp
THREAT OF REGULATORY ACTION. The Company and the Agent Underwriter agree to advise each other immediately and confirm in writing the receipt of any threat of or the initiation of any steps or procedures which would impair or prevent the right to offer the Shares or the issuance of any "suspension orders" or other prohibitions preventing or impairing the proposed offering of the SharesOffering. In the case of the happening occurrence of any such event, neither the Company nor the Agent Underwriter will acquiesce in such steps, procedures or suspension orders if such acquiescence would adversely affect the other party and, in such event, each party agrees to actively defend any such actions or orders unless both parties agrees to actively defend any such actions or orders unless both parties agree in writing to acquiesce in such actions or orders or unless counsel for each party advises the parties that the probability of successfully defending against such actions or orders order is remote.
Appears in 2 contracts
Samples: Underwriting Agreement (Baron Capital Trust), Underwriting Agreement (Baron Capital Trust)
THREAT OF REGULATORY ACTION. The Company and the Agent Underwriter agree to advise each other immediately and confirm in writing the receipt of any threat of or the initiation of any steps or procedures which would impair or prevent the right to offer the Shares or the issuance of any "suspension orders" or other prohibitions or preventing or impairing the proposed offering of the Shares. In the case of the happening of any such event, neither the Company nor the Agent Underwriter will acquiesce in such steps, procedures or suspension orders if such acquiescence would adversely affect the other party and, in such event, each party agrees to actively defend any such actions or orders unless both parties agree in writing to acquiesce in such actions or orders or unless counsel for each party advises the parties that the probability of successfully defending against such actions or orders is remote.
Appears in 1 contract
Samples: Underwriting Agreement (United Oilfield Services Inc)
THREAT OF REGULATORY ACTION. The Company and the Agent Underwriter agree to advise each other immediately and confirm in writing the receipt of any threat of or the initiation of any steps or procedures which would impair or prevent the right to offer the Shares or the issuance of any "suspension orders" or other prohibitions preventing or impairing the proposed offering of the Shares. In the case of the happening of any such event, neither the Company nor the Agent Underwriter will acquiesce in such steps, procedures or suspension orders if such acquiescence would adversely affect the other party and, in such event, each party agrees to actively defend any such actions or orders unless both parties agree in writing to acquiesce in such actions or orders or unless counsel for each party advises the parties that the probability of successfully defending against such actions or orders is remote.
Appears in 1 contract
