Common use of Default by the Company Clause in Contracts

Default by the Company. If the Company shall fail at the Closing Date or any Subsequent Closing Date, as applicable, to sell and deliver the number of Shares which it is obligated to sell hereunder on such date, then this Agreement shall terminate (or, if such default shall occur with respect to any Subsequent Shares to be purchased on an Subsequent Closing Date, the Placement Agent may, at the Placement Agent's option, by notice from the Placement Agent to the Company, terminate the Placement Agent's obligations under this Agreement. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.

Appears in 4 contracts

Samples: Placement Agent Agreement (Vincera, Inc.), Placement Agent Agreement (Vincera, Inc.), Placement Agent Agreement (Lifesciences Opportunities Inc)

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Default by the Company. If the Company shall fail at the Closing Date or any Subsequent Closing Date, as applicable, to sell and deliver the number of Shares Units which it is obligated to sell hereunder on such date, then this Agreement shall terminate (or, if such default shall occur with respect to any Subsequent Shares Units to be purchased on an Subsequent Closing Date, the Placement Agent may, at the Placement Agent's option, by notice from the Placement Agent to the Company, terminate the Placement Agent's obligations under this Agreement. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.

Appears in 2 contracts

Samples: Placement Agent Agreement (Collins Growth & Income Fund LLC), Placement Agent Agreement (Collins Growth & Income Fund LLC)

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Default by the Company. If the Company shall fail at the Closing Date or any Subsequent Closing Date, as applicable, to sell and deliver the number of Shares Securities which it is obligated to sell hereunder on such date, then this Agreement shall terminate (or, if such default shall occur with respect to any Subsequent Shares Securities to be purchased on an Subsequent Closing Date, the Placement Agent may, at the Placement Agent's ’s option, by notice from the Placement Agent to the Company, terminate the Placement Agent's ’s obligations under this Agreement. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Agreement (Ivideonow Inc)

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