Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 102 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8, 9, 15, 16 and 8 17 shall survive any such termination and remain in full force and effect.
Appears in 46 contracts
Samples: Underwriting Agreement (BNC Bancorp), Underwriting Agreement (Mackinac Financial Corp /Mi/), Underwriting Agreement (First Community Corp /Sc/)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 6 and 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 39 contracts
Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wec Energy Group, Inc.), Underwriting Agreement (Wec Energy Group, Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company Depositor and NMAC at any time at or prior to the Closing TimeDate, and such termination shall be without liability of any party to any other party except as provided in Section 4 5 and except that Sections 1, 6, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 32 contracts
Samples: Underwriting Agreement (Nissan Auto Lease Trust 2024-A), Underwriting Agreement (Nissan Auto Lease Trust 2023-A), Underwriting Agreement (Nissan Auto Lease Trust 2021-A)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11 and 8 19 hereof shall survive any such termination and remain in full force and effect.
Appears in 31 contracts
Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Ready Capital Corp)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Sales Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11, 12 and 8 24 hereof shall survive any such termination and remain in full force and effect.
Appears in 31 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 27 contracts
Samples: Purchase Agreement (Jefferies Group LLC), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Jefferies Group LLC)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company Fund at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 22 contracts
Samples: Purchase Agreement (Cohen & Steers Select Utility Fund Inc), Purchase Agreement (Cohen & Steers Reit & Utility Income Fund Inc), Auction Agency Agreement (Cohen & Steers Select Utility Fund Inc)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 15 shall survive any such termination and remain in full force and effect.
Appears in 18 contracts
Samples: Underwriting Agreement (Wisconsin Power & Light Co), Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement Agreement, may be terminated by the Representatives Underwriter by notice to the Company Fund at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 5 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 18 contracts
Samples: Purchase Agreement (Muniyield Pennsylvania Fund), Purchase Agreement (Muniholdings New Jersey Insured Fund Iii Inc), Purchase Agreement (Muniholdings Insured Fund Ii Inc)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11, 12 and 8 21 hereof shall survive any such termination and remain in full force and effect.
Appears in 17 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 15 contracts
Samples: Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 14 contracts
Samples: Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 5 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 14 contracts
Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Tampa Electric Co
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 9 and except that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 13 contracts
Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Globe Life Inc.)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections Section 1, Section 6, 7 Section 7, Section 8, Section 12, Section 15 and 8 Section 17 shall survive any such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company Fund at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Underwriting Agreement (Tortoise Energy Capital Corp), Purchase Agreement (Cohen & Steers Global Income Builder, Inc), Purchase Agreement (Duff & Phelps Utility & Corporate Bond Trust Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriter by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Purchase Agreement (Istar Financial Inc), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Pilgrims Pride Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company Fund at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Priority Income Fund, Inc.)
Termination of Agreement. If any condition specified in this Section 8 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided party. Notice of such cancellation shall be given in Section 4 writing and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effectaddressed to each of the individuals of the Company set forth on Schedule 2.
Appears in 12 contracts
Samples: Common Stock (BRT Apartments Corp.), One Liberty Properties Inc, Preferred Apartment (Preferred Apartment Communities Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 13 and 8 15 shall survive any such termination and remain in full force and effect.
Appears in 11 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 12 shall survive any such termination and remain in full force and effect.
Appears in 10 contracts
Samples: Mills Corp, Macerich Co, Agency Agreement (United Dominion Realty Trust Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled in all material respects when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 6 and 8 hereof shall survive any such termination and remain in full force and effect.
Appears in 10 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11, 12 and 8 21 hereof shall survive any such termination and remain in full force and effect.
Appears in 10 contracts
Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 10 contracts
Samples: Purchase Agreement (Istar Financial Inc), Purchase Agreement (Hilton Hotels Corp), Purchase Agreement (Fleetboston Financial Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Chase Purchasers by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Execution Copy (Entertainment Inc), Purchase Agreement (Entertainment Inc), Purchase Agreement (Entertainment Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company Depositor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Underwriting Agreement (Carmax Auto Funding LLC), Underwriting Agreement (CarMax Auto Owner Trust 2011-3), Underwriting Agreement (CarMax Auto Owner Trust 2011-2)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Xxxxxxx Xxxxx by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11, 12 and 8 21 hereof shall survive any such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Hudson Pacific Properties, Inc.), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (LaSalle Hotel Properties)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company Bank at any time at or prior to the Closing TimeDate, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 13, 14, 15, 16, 17, 18 and 8 21 shall survive any such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company Trust at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Purchase Agreement (Pioneer High Income Trust), Purchase Agreement (Blackrock New York Municipal Income Trust Ii), Purchase Agreement (Blackrock California Municipal Income Trust Ii)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (Whiting Petroleum Corp), Underwriting Agreement (Idenix Pharmaceuticals Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement Agreement, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 14, 6, 7 6 and 8 shall survive any such termination and remain in full force and effecthereof.
Appears in 8 contracts
Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Geron Corp, Geron Corp
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (Quest Diagnostics Inc), Purchase Agreement (Norfolk Southern Corp), Purchase Agreement (NPC International Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 13, 14 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Termination of Agreement. If any condition specified in this Section 8 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7(j) hereof and except that Sections 1that, 6in the case of any termination of this Agreement, 7 Sections7(j), 9, 10, 12(a), 12(e) and 8 12(f) shall survive any survive. Notice of such termination cancellation shall be given in writing and remain in full force and effectaddressed to each of the individuals of the Company set forth on Schedule 2.
Appears in 8 contracts
Samples: Terms Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.), Terms Agreement (Summit Hotel Properties, Inc.)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Agreement (Sundial Growers Inc.), Underwriting Agreement (Helios & Matheson Analytics Inc.), Underwriting Agreement (Helios & Matheson Analytics Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company Depositor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Certificate Underwriting Agreement (Wachovia Education Loan Funding LLC), Underwriting Agreement (CarMax Auto Owner Trust 2004-1), Underwriting Agreement (CarMax Auto Owner Trust 2004-2)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 6 and 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Smith International Inc)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11 and 8 20 hereof shall survive any such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party party, except as provided in Section 4 5 and except that Sections 12, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (UNS Energy Corp), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Delmarva Power & Light Co /De/)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11 and 8 19 shall survive any such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Ellington Residential Mortgage REIT), Equity Distribution Agreement (Ellington Financial Inc.), Equity Distribution Agreement (Ellington Financial Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Purchase Agreement (Rhythms Net Connections Inc), Purchase Agreement (Cross Timbers Oil Co), Purchase Agreement (Rhythms Net Connections Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by written notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Tyson Foods, Inc.), Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Tyson Foods Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Initial Purchasers by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Purchase Agreement (Entertainment Inc), Purchase Agreement (CHC Helicopter Corp), Purchase Agreement (CHC Ireland LTD)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Supervalu Inc), Purchase Agreement (Supervalu Inc), Purchase Agreement (Health Management Associates Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Atlassian Corp), Underwriting Agreement (Dick's Sporting Goods, Inc.), Underwriting Agreement (Polaris Inc.)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at on or prior to the Closing Time, Date and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 14, 6, 7 and 8 13 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Anthem, Inc.)
Termination of Agreement. If any condition specified in this Section 6 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8 and 8 9 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Chatham Lodging Trust), Purchase Agreement (Stancorp Financial Group Inc), Purchase Agreement (Stancorp Financial Group Inc)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company Bank at any time at or prior to the Closing TimeDate, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 13, 14, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Westpac Banking Corp, Westpac Banking Corp, Underwriting Agreement (Westpac Banking Corp)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 11 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Verisk Analytics, Inc.), Underwriting Agreement (Verisk Analytics, Inc.), Underwriting Agreement (Verisk Analytics, Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company Fund at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 16 and 8 18 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Gabelli Equity Trust Inc), Gabelli Utility Trust (Gabelli Utility Trust), Bancroft Fund LTD
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 hereof shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Lument Finance Trust, Inc.), Underwriting Agreement (Lument Finance Trust, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Xxxxxxx Xxxxx by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11, 12 and 8 20 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 15 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Wisconsin Power and Light Company (Wisconsin Power & Light Co), Underwriting Agreement (Alliant Energy Corp), Purchase Agreement (Alliant Energy Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)
Termination of Agreement. If any condition specified in this Section 8 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7(g) hereof and except that that, in the case of any termination of this Agreement, Sections 17(g), 69, 7 12, 16 and 8 17 shall survive any survive. Notice of such termination cancellation shall be given in writing and remain in full force and effectaddressed to each of the individuals of the Company set forth on Schedule 2.
Appears in 5 contracts
Samples: Summit Hotel Properties, Inc., Summit Hotel Properties, Inc., Summit Hotel Properties, Inc.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 5 and except that Sections 1, 67, 7 8, 9, 15, 16 and 8 17 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (Wilshire Bancorp Inc), Underwriting Agreement (Mainsource Financial Group)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Purchase Agreement (Brookline Bancorp Inc), Purchase Agreement (Valley National Bancorp), Purchase Agreement (American Financial Group Inc)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of 30 any termination of this Agreement, Sections 15, 610, 7 11, 12 and 8 21 hereof shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at on or prior to the Closing TimeDate, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 7, 8 and 8 13 hereof shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Panhandle Eastern Pipe Line Co Lp), Underwriting Agreement (Panhandle Eastern Pipe Line Co Lp), Underwriting Agreement (Southern Union Co)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Underwriting Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 16 and 8 21 hereof shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (BlackRock TCP Capital Corp.), Underwriting Agreement (BlackRock TCP Capital Corp.), Underwriting Agreement (BlackRock TCP Capital Corp.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 14 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Purchase Agreement (Alliant Energy Corp), Purchase Agreement (Wisconsin Power & Light Co), Interstate Power and Light Company (Interstate Power & Light Co)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at on or prior to the Closing Time, Date and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20 and 8 21 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (Enstar Group LTD), Underwriting Agreement (Enstar Group LTD)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement Agreement, may be terminated by the Representatives Underwriter by notice to the Company Fund at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 67, 7 8, 10, 12 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Quality Municipal Income Fund)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to such Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 6 and 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Nextlink Communications Inc / De), Underwriting Agreement (Nextlink Communications LLC), Underwriting Agreement (Nextlink Communications Inc / De)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 12 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriter by notice to the Company at any time at or prior to Closing Timethe First Delivery Date, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Superior Energy Services Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Apache Corp), Underwriting Agreement (Apache Corp), Underwriting Agreement (Apache Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (Fleet Financial Group Inc), Purchase Agreement (Fleet Financial Group Inc), Purchase Agreement (Fleet Financial Group Inc)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 4, and except that Sections 1, 6, 7 7, 8 and 8 14 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 6 and 7 and 8 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Fulton Financial Corp), Fulton Financial Corp, Underwriting Agreement (Fulton Financial Corp)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled in all material respects when and as required to be fulfilled, this Agreement may be terminated by the Representatives Xxxxxxx Xxxxx by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11, 12 and 8 21 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company and the Parent Guarantor at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (H&r Block Inc), Underwriting Agreement (H&r Block Inc), Underwriting Agreement (H&r Block Inc)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Agents by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11, 12, 17 and 8 21 hereof (and all related defined terms) shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)
Termination of Agreement. If any condition specified in this Section 8, shall not have been fulfilled when and as required to be fulfilled, fulfilled this Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7(e). Notice of such cancellation shall be given in writing and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effectaddressed to each of the individuals of the Company set forth on Schedule 2.
Appears in 4 contracts
Samples: Terms Agreement (Watsco Inc), Terms Agreement (Watsco Inc), Sales Agreement (Watsco Inc)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled in all material respects when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at on or prior to the Closing Time, Date and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 6 and 7 and 8 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Cytec Industries Inc/De/), Underwriting Agreement (Cytec Industries Inc/De/), Underwriting Agreement (Cytec Industries Inc/De/)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company Fund at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 12 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Placement Agency Agreement (Tortoise Energy Capital Corp), Placement Agency Agreement (Tortoise Energy Infrastructure Corp), Tortoise Energy Capital Corp
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company and the Guarantors at any time at on or prior to the Closing TimeDate, and such termination shall be without liability of any party to any other party party, except as provided in Section 4 5 and except that Sections 1, 67, 7 8, 9 and 8 18 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company Offerors at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 and 8 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Banc Corp, Resource Bankshares Corp, Vib Corp
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 Sections 8 and 10 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11 and 8 19 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, Time and such termination shall be without liability of any party to any other party party, except as provided in Section 4 4(b) and except that Sections 1, 6, 7 7, 8, 14 and 8 15 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to Closing Time, Date or any Option Closing Date and such termination shall be without liability of any party to any other party except as provided in Section 4 5 and except that Sections 1, 67, 7 8, 9, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Common Stock (DZS Inc.), Underwriting Agreement (Celsius Holdings, Inc.), Underwriting Agreement (Dasan Zhone Solutions Inc)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Placement Agents by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11 and 8 19 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Kempharm, Inc), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Granite Point Mortgage Trust Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party party, except as provided in Section 4 5 hereof and except that Sections 12, 67, 7 8 and 8 9 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co), Purchase Agreement (Delmarva Power & Light Co /De/)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative(s) by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (Allos Therapeutics Inc), Purchase Agreement (NYSE Euronext), Purchase Agreement (Usfreightways Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 13, 14, 15, 19, 20 and 8 22 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Cbre Group, Inc.), Underwriting Agreement (Cbre Group, Inc.), Underwriting Agreement (Cbre Group, Inc.)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 15, 16 and 8 17 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Notice Regarding Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Manager by notice to the Company at any time at or prior to Closing TimeCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 Sections 8, 10 and 11 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 68, 7 10, 11, 12 and 8 21 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Representative by notice to the Company and the Guarantors at any time at on or prior to the Closing Time, Date and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19 and 8 20 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (World Acceptance Corp), Purchase Agreement (Interval Leisure Group, Inc.), Underwriting Agreement (Bonanza Creek Energy, Inc.)
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives [MKT NAME] by written notice to the Company at any time at or prior to Closing Timeeach of the individuals set forth on Exhibit B, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7 11 and 8 19 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Equity Lifestyle Properties Inc), Equity Distribution Agreement (Equity Lifestyle Properties Inc), Equity Distribution Agreement (Equity Lifestyle Properties Inc)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriter by notice to the Company Offerors at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 and 8 hereof shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (American Bancorporation Capital Trust I), Underwriting Agreement (Independent Capital Trust Ii), Underwriting Agreement (Independent Bank Corp)
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement may be terminated by the Representatives Underwriter by notice to the Company Fund at any time at or prior to Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8, 11 and 8 12 shall survive any such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Nuveen Floating Rate Income Fund), Underwriting Agreement (Nuveen Floating Rate Income Opportunity Fund), Underwriting Agreement (Nuveen Senior Income Fund)
