Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 5 contracts
Samples: Underwriting Agreement (Kodiak Oil & Gas Corp), Letter Agreement (Kodiak Oil & Gas Corp), Underwriting Agreement (Kodiak Oil & Gas Corp)
Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 12 shall relieve the Company from liability, if any, in respect of such default.
Appears in 4 contracts
Samples: Underwriting Agreement (Rex Energy Corp), Underwriting Agreement (Rex Energy Corp), Underwriting Agreement (Superior Well Services, INC)
Default by the Company. If the Company shall fail at the First Delivery Closing Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 10 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: American Medical Systems Holdings Inc, American Medical Systems Holdings Inc, Onyx Pharmaceuticals Inc
Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 10 shall relieve the Company from liability, if any, in respect of such default.
Appears in 3 contracts
Samples: Underwriting Agreement (Rex Energy Corp), Underwriting Agreement (Rex Energy Corp), Underwriting Agreement (Rex Energy Corp)
Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 13 shall relieve the Company from liability, if any, in respect of such default.
Appears in 2 contracts
Samples: Underwriting Agreement (Superior Well Services, INC), Underwriting Agreement (Superior Well Services, INC)
Default by the Company. If the Company shall fail at the First Delivery Closing ---------------------- Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 10 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Therasense Inc
Default by the Company. If the Company shall fail at the First Delivery Closing Date to sell and deliver the number of Securities that Preferred Stock which it is obligated to sell hereunderhereunder on such date, then this Agreement shall terminate without any liability on the part of any non-defaulting partyparty other than pursuant to Section 5, Section 8 and Section 10 hereof. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Bolder Technologies Corp
Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 12 shall relieve the Company or the Subsidiaries from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Meadowbrook Insurance (Meadowbrook Insurance Group Inc)
Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Samples: Underwriting Agreement (Superior Well Services, INC)
Default by the Company. If the Company shall fail at the First Delivery Closing Date to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 10 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 12 shall relieve the Company Company, the Founding Companies or the Subsidiaries from liability, if any, in respect of such default.
Appears in 1 contract
Default by the Company. If the Company shall fail at the First Delivery Date to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party. No action taken pursuant to this Section 11 8 shall relieve the Company from liability, if any, in respect of such default.
Appears in 1 contract
