Common use of UNDERWRITING PERCENTAGES Clause in Contracts

UNDERWRITING PERCENTAGES. 7.1 The obligations of the Underwriters hereunder, including the obligation to purchase Offered Shares at the Time of Closing or Underwriters' Option Time of Closing, as the case may be, shall be several, and not joint, and shall be limited as regards to each Underwriter to the percentages set out opposite the name of the Underwriters below: Canaccord Genuity 50% ▇▇▇▇▇▇▇▇ Capital Inc. 50% 7.2 In the event that either Underwriter shall fail to purchase its applicable percentage of the Offered Shares or Additional Shares, if applicable, as provided in section 7.1 at the Time of Closing or Underwriters’ Option Time of Closing, as the case may be, the non- defaulting Underwriter shall have the right, but shall not be obligated, to purchase some or all of the Offered Shares which would otherwise have been purchased by that Underwriter which is in default (the Offered Shares in respect of which the defaulting Underwriter fails to purchase and the non-defaulting Underwriter does not elect to purchase being called the “Default Securities”), then the Corporation shall have the right to either: (i) proceed with the sale of the Offered Shares (less the Default Securities) to the non-defaulting Underwriter, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriter except under sections 6.6 and 10. Nothing in this section 7.2 shall oblige the Corporation to sell to any Underwriter less than all of the Offered Shares or relieve from liability to the Corporation any Underwriter which shall be so in default.

Appears in 1 contract

Sources: Underwriting Agreement (Silvercrest Mines Inc)

UNDERWRITING PERCENTAGES. 7.1 The obligations of the Underwriters hereunder, including the obligation to purchase Offered Shares at the Time of Closing or Underwriters' Over-Allotment Option Time of Closing, as the case may be, shall be several, and not joint, and shall be limited as regards to each Underwriter to the percentages set out opposite the name of the Underwriters below: Canaccord Genuity 50Dundee1 45% ▇▇National Bank Financial Inc. 22.5% R▇▇▇▇▇▇ Capital Inc. 50J▇▇▇▇ Ltd. 22.5% PI Financial Corp. 10% 7.2 In the event that either any Underwriter shall fail to purchase its applicable percentage of the Offered Shares or Additional Shares, if applicable, as provided in section 7.1 at the Time of Closing or Underwriters’ Over-Allotment Option Time of Closing, as the case may be, the non- defaulting Underwriter Underwriters shall have the right, but shall not be obligated, to purchase some or all of the Offered Shares which would otherwise have been purchased by that Underwriter which is in default (the Offered Shares in respect of which the defaulting Underwriter fails to purchase and the non-defaulting Underwriter does Underwriters do not elect to purchase being called the “Default Securities”), then the Corporation shall have the right to either: (i) proceed with the sale of the Offered Shares (less the Default Securities) to the non-defaulting UnderwriterUnderwriters, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriter Underwriters except under sections 6.6 6.2 and 10. Nothing in this section 7.2 shall oblige the Corporation to sell to any Underwriter less than all of the Offered Shares or relieve from liability to the Corporation any Underwriter which shall be so in default.. _________________________________________________ 1 A step-up fee of 5.0% is payable to Dundee

Appears in 1 contract

Sources: Underwriting Agreement (Silvercrest Mines Inc)

UNDERWRITING PERCENTAGES. 7.1 (a) The obligations obligation of the Underwriters hereunder, including the obligation to purchase Offered the Initial Shares and any Over-Allotment Shares at the Closing Time of on the Closing or Underwriters' Option Time of Closing, as the case may be, Date shall be several, and not joint, nor joint and several, and shall be limited as regards to each Underwriter to the percentages set out opposite the name of the Underwriters belowfollowing percentages: Canaccord Genuity 50GMP Securities L.P. 50 % ▇▇▇▇▇▇▇▇ Capital CIBC World Markets Inc. 5050 % 100 % 7.2 (b) In the event that either any Underwriter shall fail to purchase its applicable percentage of the Offered Initial Shares or Additional Shares, if applicable, as provided in section 7.1 (the “Defaulted Securities”) at the Time of Closing or Underwriters’ Option Time of Closing, as the case may beTime, the non- defaulting other Underwriter shall have the right, within 36 hours thereafter, to make arrangements, to purchase all, but not less than all, of the Defaulted Securities, in such amounts as may be agreed upon and upon the terms set forth herein. If, however, the Underwriters shall have not completed such arrangements within such 36 hour period, then: (i) if the number of Defaulted Securities does not exceed 10% of the number of Initial Shares to be purchased hereunder, the non-defaulting Underwriter shall be obligated, to purchase some or the full amount thereof in the proportions that their respective underwriting obligations hereunder bear to the underwriting obligation of all non-defaulting Underwriter, or (ii) if the number of Defaulted Securities exceeds 10% of the Offered number of Initial Shares which would otherwise have been to be purchased by that on such date, this Agreement shall terminate without liability on the part of any non-defaulting Underwriter. (c) No action taken pursuant to this Section 17 shall relieve any defaulting Underwriter which is in default (the Offered Shares from liability in respect of which its default to the defaulting Underwriter fails Corporation or to purchase and the any non-defaulting Underwriter Underwriter. (d) In the event of any such default which does not elect to purchase being called result in a termination of this Agreement, either the “Default Securities”), then Underwriters or the Corporation shall have the right to either: postpone the Closing Time for a period not exceeding seven (i7) proceed with the sale of the Offered Shares (less the Default Securities) calendar days in order to effect any required changes to the non-defaulting Underwriter, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriter except under sections 6.6 and 10. Nothing in this section 7.2 shall oblige the Corporation to sell to any Underwriter less than all of the Offered Shares or relieve from liability to the Corporation any Underwriter which shall be so in defaultOffering Documents.

Appears in 1 contract

Sources: Underwriting Agreement (Banro Corp)

UNDERWRITING PERCENTAGES. 7.1 (a) The obligations obligation of the Underwriters hereunder, including the obligation to purchase Offered Shares the Units at the Closing Time of on the Closing or Underwriters' Option Time of Closing, as the case may be, Date shall be several, and not joint, nor joint and several, and shall be limited as regards to each Underwriter to the percentages set out opposite the name of the Underwriters belowfollowing percentages: Canaccord Genuity 50GMP Securities L.P. 30 % BMO ▇▇▇▇▇▇▇ Capital ▇▇▇▇▇ Inc. 5030 % CIBC World Markets Inc. 20 % Cormark Securities Inc. 10 % Dundee Securities Ltd. 10 % 100 % 7.2 (b) In the event that either any Underwriter shall fail to purchase its applicable percentage of the Offered Shares or Additional Shares, if applicable, as provided in section 7.1 Units (the “Defaulted Securities”) at the Time of Closing or Underwriters’ Option Time of Closing, as the case may beTime, the non- defaulting Underwriter other Underwriters shall have the right, but shall not be obligatedwithin 36 hours thereafter, to make arrangements, to purchase some or all all, but not less than all, of the Offered Shares which would otherwise Defaulted Securities, in such amounts as may be agreed upon and upon the terms set forth herein. If, however, the Underwriters shall have been not completed such arrangements within such 36 hour period, then: (i) if the number of Defaulted Securities does not exceed 10% of the number of Units to be purchased by that Underwriter which is in default (the Offered Shares in respect of which the defaulting Underwriter fails to purchase and hereunder, the non-defaulting Underwriter shall be obligated to purchase the full amount thereof in the proportions that their respective underwriting obligations hereunder bear to the underwriting obligation of all non-defaulting Underwrites, or (ii) if the number of Defaulted Securities exceeds 10% of the number of Units to be purchased on such date, this Agreement shall terminate without liability on the part of any non-defaulting Underwriter. (c) No action taken pursuant to this Section 13 shall relieve any defaulting Underwriter from liability in respect of its default to the Issuer or to any non-defaulting Underwriter. (d) In the event of any such default which does not elect to purchase being called result in a termination of this Agreement, either the “Default Securities”), then Underwriters or the Corporation Issuer shall have the right to either: postpone the Closing Time for a period not exceeding seven (i7) proceed with the sale of the Offered Shares (less the Default Securities) calendar days in order to effect any required changes to the non-defaulting Underwriter, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriter except under sections 6.6 and 10. Nothing in this section 7.2 shall oblige the Corporation to sell to any Underwriter less than all of the Offered Shares or relieve from liability to the Corporation any Underwriter which shall be so in defaultOffering Memorandum.

Appears in 1 contract

Sources: Underwriting Agreement (Banro Corp)

UNDERWRITING PERCENTAGES. 7.1 The obligations of the Underwriters hereunder, including the obligation to purchase Offered Shares at and if the Time of Closing or Underwriters' Over-allotment Option Time of Closingis exercised, as the case may be, any obligation to purchase Additional Shares shall be several, and not joint, and shall be limited as regards to each Underwriter to the percentages of the aggregate percentage of the Shares and Additional Shares set out opposite the name of the Underwriters below: Canaccord Genuity 50Scotia Capital Inc. 32.5 % BMO ▇▇▇▇▇▇▇ ▇▇▇▇▇ Inc. 32.5 % CIBC World Markets Inc. 10.0 % ▇.▇. ▇▇▇▇▇▇ Securities LLC 7.5 % ▇▇▇▇▇▇▇ ▇▇▇▇ & Company, LLC 5.0 % Desjardins Securities Inc. 5.0 % ▇▇▇▇▇▇▇ ▇▇▇▇▇ Canada Inc. 5.0 % ▇▇▇▇▇▇▇▇ Capital Inc. 502.5 % 7.2 In the event that either any Underwriter shall fail to purchase its applicable percentage of the Offered Shares or Additional Shares, if applicable, as provided in section 7.1 at the Time of Closing or Underwriters’ Option Time of Closing, as the case may beTime, the non- defaulting Underwriter others shall have the right, but shall not be obligated, to purchase some or all of the Offered percentage of the Shares and Additional Shares, if applicable, which would otherwise have been purchased by that Underwriter one of the Underwriters which is in default; the Underwriters exercising such right shall purchase such Shares and Additional Shares, if applicable, pro rata to their respective percentages aforesaid or in such other proportions as they may otherwise agree. In the event that such right is not exercised, the others which are not in default (the Offered Shares in respect shall be relieved of which the defaulting Underwriter fails all obligations to purchase and the non-defaulting Underwriter does not elect to purchase being called the “Default Securities”), then the Corporation shall have the right to either: (i) proceed arising from such default and with the sale of the Offered Shares (less the Default Securities) respect to the non-defaulting Underwriter, or (ii) Offering and shall be entitled to terminate its their obligations hereunder without liability to the non-defaulting Underwriter except under sections 6.6 and 10this Agreement. Nothing in this section 7.2 shall oblige the Corporation to sell to any Underwriter the Underwriters less than all of the Offered Shares or relieve from liability to the Corporation any Underwriter which shall be so in default.

Appears in 1 contract

Sources: Underwriting Agreement (Minefinders Corp Ltd.)

UNDERWRITING PERCENTAGES. 7.1 The obligations of the Underwriters hereunder, including the obligation to purchase Offered Shares at the Time of Closing or Underwriters' Over-Allotment Option Time of Closing, as the case may be, shall be several, and not joint, and shall be limited as regards to each Underwriter to the percentages set out opposite the name of the Underwriters below: Dundee 55 % Canaccord Genuity 5035 % ▇▇▇▇▇▇▇Capital Inc. 5010 % 7.2 In the event that either Underwriter shall fail to purchase its applicable percentage of the Offered Shares or Additional Shares, if applicable, as provided in section 7.1 at the Time of Closing or Underwriters’ Over-Allotment Option Time of Closing, as the case may be, the non- defaulting Underwriter shall have the right, but shall not be obligated, to purchase some or all of the Offered Shares which would otherwise have been purchased by that Underwriter which is in default (the Offered Shares in respect of which the defaulting Underwriter fails to purchase and the non-defaulting Underwriter does not elect to purchase being called the “Default Securities”), then the Corporation shall have the right to either: (i) proceed with the sale of the Offered Shares (less the Default Securities) to the non-defaulting Underwriter, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriter except under sections 6.6 6.2 and 10. Nothing in this section 7.2 shall oblige the Corporation to sell to any Underwriter less than all of the Offered Shares or relieve from liability to the Corporation any Underwriter which shall be so in default.

Appears in 1 contract

Sources: Underwriting Agreement (Silvercrest Mines Inc)

UNDERWRITING PERCENTAGES. 7.1 The obligations obligation of the Underwriters hereunder, including the obligation to purchase or arrange for Substituted Purchasers of the Offered Shares Units and the Pre-Emptive Units at the Closing Time of and the Additional Units at the Over-Allotment Closing or Underwriters' Option Time of Closing, as the case may be, shall be several, and several (but not joint, ) and shall be limited as regards to each Underwriter to the percentages of the aggregate number of Offered Units and Pre-Emptive Units and of Additional Units set out forth opposite the name of the Underwriters below: Canaccord Genuity 50% ▇▇BMO N▇▇▇▇▇▇ B▇▇▇▇ Inc. 40.0 % GMP Securities Ltd. 20.0 % H▇▇▇▇▇▇ Securities Inc. 12.5 % National Bank Financial Inc. 10.0 % Canaccord Capital Corporation 7.5 % Salman Partners Inc. 50% 7.2 5.0 % Sprott Securities Inc. 5.0 % 100 % In the event that either any Underwriter shall fail to purchase its applicable percentage of the Offered Shares or Additional Shares, if applicable, as provided in section 7.1 Units and Pre-Emptive Units at the Closing Time or of the Additional Units at the Over-Allotment Closing or Underwriters’ Option Time of Closing, as the case may beTime, the non- defaulting Underwriter others shall have the right, but shall not be obligated, to purchase some or all of the percentage of the Offered Shares Units and Pre-Emptive Units or the Additional Units which would otherwise have been purchased by that Underwriter one of the Underwriters which is in default. In the event that such right is not exercised, the Underwriters which are not in default (the Offered Shares in respect shall be relieved of which the defaulting Underwriter fails to purchase and the non-defaulting Underwriter does not elect to purchase being called the “Default Securities”), then the Corporation shall have the right to either: (i) proceed with the sale of the Offered Shares (less the Default Securities) all obligations to the non-defaulting Underwriter, or (ii) terminate its obligations hereunder without Company and there shall be no further liability on the part of such Underwriters to the non-defaulting Underwriter except under sections 6.6 and 10Company. Nothing in this section 7.2 shall oblige the Corporation Company to sell to any Underwriter the Underwriters less than all of the Offered Shares Units and Pre-Emptive Units or relieve from liability to the Corporation Company any Underwriter which shall be so in default. In the event of a termination by the Company of its obligations under this Agreement under this subsection, there shall be no further liability on the part of the Company to the Underwriters except in respect of any liability which may have arisen or may thereafter arise under Sections 13, 14 and 16.

Appears in 1 contract

Sources: Underwriting Agreement (Peru Copper Inc)