Default by the Company or the Underwriters. (a) If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Underwriters or, except as provided in Section 4(h) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Purchase Agreement (Palatin Technologies Inc), Purchase Agreement (Derma Sciences, Inc.), Purchase Agreement (Derma Sciences, Inc.)
Default by the Company or the Underwriters. (a) If the Company shall fail at the First Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Underwriters or, except as provided in Section 4(h) 5 and Section 6 7 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Underwriting Agreement (Celator Pharmaceuticals Inc)
Default by the Company or the Underwriters. (a) If the Company shall fail at the First Closing Date to sell and deliver the number of Securities Units which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Underwriters or, except as provided in Section 4(h) and Section 6 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
