Expenses of Termination. If this Agreement shall be terminated pursuant to Section 9 hereof, the Company shall then have no liability to any Underwriter except as provided in Section 6 and Section 8 hereof; but, if for any other reason this Agreement is terminated, or the transactions contemplated hereby shall not have been consummated due to any of the conditions set forth in Section 7 hereof not having been met, or the Shares are not delivered by or on behalf of the Company as provided herein, the Company will reimburse the Underwriters through Canaccord Xxxxx Inc. for all out-of-pocket expenses approved in writing by Canaccord Xxxxx Inc., including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall have no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 6 and Section 8 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Alphatec Holdings, Inc.), SunOpta Inc.
Expenses of Termination. If this Agreement shall be terminated pursuant to Section 9 hereof, the Company shall then have no liability to any Underwriter except as provided in Section 6 and Section 8 hereof; but, if for any other reason this Agreement is terminated, or the transactions contemplated hereby shall not have been consummated due to any of the conditions set forth in Section 7 hereof not having been met, or the Shares are not delivered by or on behalf of the Company as provided herein, the Company will reimburse the Underwriters through Canaccord Xxxxx Inc. you for all out-of-pocket expenses approved in writing by Canaccord Xxxxx Inc.you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall have no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 6 and Section 8 hereof.
Appears in 1 contract
Samples: Medivation, Inc.
Expenses of Termination. If this Agreement shall be terminated pursuant to Section 9 hereof, the Company shall then have no liability to any Underwriter except as provided in Section 6 and Section 8 hereof; but, if for any other reason this Agreement is terminated, or the transactions contemplated hereby shall not have been consummated due to any of the conditions set forth in Section 7 hereof not having been met, or the Shares are not delivered by or on behalf of the Company as provided herein, the Company will reimburse the Underwriters through Canaccord Xxxxx Axxxx Inc. for all out-of-pocket expenses approved in writing by Canaccord Xxxxx Axxxx Inc., including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but the Company shall have no further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 6 and Section 8 hereof.
Appears in 1 contract
Samples: Petro Resources Corp
Expenses of Termination. If this Agreement shall be terminated pursuant to Section 9 11 hereof, neither the Company nor any Selling Stockholder shall then have no any liability to any Underwriter except as provided in Section 6 8 and Section 8 10 hereof; but, if for any other reason this Agreement is terminated, or the transactions contemplated hereby shall not have been consummated due terminated (other than solely as a result of a failure to any of meet the conditions set forth in paragraph (b) or clauses (i) or (ii) of paragraph (d) of Section 7 hereof not having been met, or the Shares are not delivered by or on behalf of the Company as provided herein9), the Company will reimburse the Underwriters through Canaccord Xxxxx Inc. you for all out-of-pocket expenses approved in writing by Canaccord Xxxxx Inc.you, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of the Shares not so delivered, but neither the Company nor any Selling Stockholder shall have no any further liability to any Underwriter in respect of the Shares not so delivered except as provided in Section 6 8 and Section 8 10 hereof.
Appears in 1 contract
Samples: Parlex Corp