Common use of Default by the Selling Stockholders Clause in Contracts

Default by the Selling Stockholders. If either of the Selling Stockholders shall fail to sell and deliver to the Underwriters the Shares to be sold and delivered by such Selling Stockholder at the Closing Date or the Option Closing Date pursuant to this Agreement, then Agreement shall terminate without any liability on the part of any non-defaulting party; provided, however, that the provisions of Section 1, Section 7, Section 9, Section 10, Section 11, Section 16, Section 17 and Section 18 shall remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Napco Security Technologies, Inc), Underwriting Agreement (Napco Security Technologies, Inc)

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Default by the Selling Stockholders. If either of the Selling Stockholders shall fail to sell and deliver to the Underwriters the Shares to be sold and delivered by such Selling Stockholder at the Closing Date or Time to sell the Option Closing Date pursuant number of Securities that it is obligated to this Agreementsell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting nondefaulting party; provided, however, that the provisions of Section Sections 1, Section 5, 7, Section 8, 9, Section 1010(b), Section 1113, Section 16, Section 17 and Section 18 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Selling Stockholders from liability, if any, in respect of such default.

Appears in 1 contract

Samples: Underwriting Agreement (SharpSpring, Inc.)

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Default by the Selling Stockholders. If either of the Selling Stockholders shall fail at the Closing Date to sell and deliver the number of Securities which they are obligated to the Underwriters the Shares to be sold and delivered by such Selling Stockholder at the Closing Date or the Option Closing Date pursuant to this Agreementsell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party; providedthe Underwriter or, however, that the provisions of except as provided in Section 1, Section 7, Section 9, Section 10, Section 11, Section 16, Section 17 4(a)(vii) and Section 18 shall remain in full force and effect6 hereof, any non‑defaulting party.

Appears in 1 contract

Samples: Underwriting Agreement (Agilysys Inc)

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