Common use of Liabilities Clause in Contracts

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 1179 contracts

Samples: Purchase Agreement (Jefferies Financial Group Inc.), Underwriting Agreement (CTO Realty Growth, Inc.), Underwriting Agreement (GNC Corp)

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Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 230 contracts

Samples: Underwriting Agreement (Cbre Group, Inc.), Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Umb Financial Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 165 contracts

Samples: Underwriting Agreement (Kinetik Holdings Inc.), Underwriting Agreement (Acumen Pharmaceuticals, Inc.), Underwriting Agreement (Anzu Special Acquisition Corp I)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 159 contracts

Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (NV5 Global, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 151 contracts

Samples: Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Purchase Agreement (First Pactrust Bancorp Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 100 contracts

Samples: Underwriting Agreement (Erickson Air-Crane Inc), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 92 contracts

Samples: Purchase Agreement (General Cable Corp /De/), Purchase Agreement (Aar Corp), Purchase Agreement (Tektronix Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 92 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Milacron Holdings Corp.), Purchase Agreement (Pennsylvania Real Estate Investment Trust)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 52 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 44 contracts

Samples: Underwriting Agreement (American Airlines Inc), Underwriting Agreement (Amr Corp), Purchase Agreement (Ventas Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 43 contracts

Samples: Agreement (CBL & Associates Limited Partnership), Purchase Agreement (Interstate Power & Light Co), Purchase Agreement (Alliant Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 12 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 43 contracts

Samples: Underwriting Agreement (Nuveen Pennsylvania Dividend Advantage Municipal Fund 2), Underwriting Agreement (Nuveen California Premium Income Municipal Fund), Underwriting Agreement (Nuveen Massachusetts Dividend Advantage Municipal Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 12 shall survive such termination and remain in full force and effect.

Appears in 42 contracts

Samples: Underwriting Agreement (Nuveen Long/Short Commodity Total Return Fund), Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 29 contracts

Samples: Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (James River Group Holdings, Ltd.), Underwriting Agreement (First Midwest Bancorp Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, ; and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 27 contracts

Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wec Energy Group, Inc.), Underwriting Agreement (Wec Energy Group, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof; and provided, and provided further further, that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 26 contracts

Samples: Purchase Agreement (Pepco Holdings Inc), Nevada Power (Nv Energy, Inc.), Purchase Agreement (Us Airways Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 26 contracts

Samples: Purchase Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 13 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 26 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 23 contracts

Samples: Underwriting Agreement (Chittenden Corp /Vt/), Underwriting Agreement (Amr Corp), Purchase Agreement (Rhythms Net Connections Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 20 contracts

Samples: Underwriting Agreement (FBL Financial Group Inc), Underwriting Agreement (Nara Bancorp Inc), Underwriting Agreement (Nara Bancorp Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections Section 1, Section 6, 7 Section 7, Section 8, Section 11, Section 12 and 8 Section 13 shall survive such termination and remain in full force and effect.

Appears in 19 contracts

Samples: Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)

Liabilities. If this Underwriting Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 17 contracts

Samples: Underwriting Agreement (Guaranty Bancshares Inc /Tx/), Underwriting Agreement (Southern First Bancshares Inc), Underwriting Agreement (Red River Bancshares Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 13 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 17 contracts

Samples: Underwriting Agreement (BlackRock ESG Capital Allocation Trust), Underwriting Agreement (Neuberger Berman Next Generation Connectivity Fund Inc.), Underwriting Agreement (Guggenheim Active Allocation Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 and Section 5 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 16 contracts

Samples: Purchase Agreement (Hill Vernon W Ii), Purchase Agreement (Hudson United Bancorp), Placement Agreement (Northeast Bancorp /Me/)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 68, 7 9 and 8 10 shall survive such termination and remain in full force and effect.

Appears in 14 contracts

Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 14 contracts

Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof. Notwithstanding any such termination, and provided further that Sections 1, 6, 7 and 8 the provisions of Section 6 shall survive such termination and remain in full force and effect.

Appears in 14 contracts

Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 13, 14 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 13 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Underwriting Agreement (Community Healthcare Trust Inc), Underwriting Agreement (Community Healthcare Trust Inc), Underwriting Agreement (Plymouth Industrial REIT Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 13 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Underwriting Agreement (Ameristar Casinos Inc), Underwriting Agreement (Mannkind Corp), Initial Offering Period Agreement (Western Asset Middle Market Income Fund Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Purchase Agreement (Aep Industries Inc), Purchase Agreement (Seneca Erie Gaming Corp), Purchase Agreement (Affiliated Managers Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections Section 1, Section 6, Section 7 and Section 8 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Underwriting Agreement (Qihoo 360 Technology Co LTD), Purchase Agreement (Deutsche Bank Aktiengesellschaft), Purchase Agreement (Deutsche Bank Aktiengesellschaft)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Purchase Agreement (Fulton Financial Corp), Underwriting Agreement (Fulton Financial Corp), Underwriting Agreement (Fulton Financial Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Purchase Agreement (Alliant Energy Corp), Purchase Agreement (Alliant Energy Corp), Underwriting Agreement (Alliant Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 12 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Underwriting Agreement (Legg Mason BW Global Income Opportunities Fund Inc.), Underwriting Agreement (BlackRock Resources & Commodities Strategy Trust), Purchase Agreement (Gabelli Global Deal Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 7 7, 8, 12, 13 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Underwriting Agreement (Gushan Environmental Energy LTD), Underwriting Agreement (Cgen Digital Media Co LTD), Underwriting Agreement (Trina Solar LTD)

Liabilities. If this Agreement is terminated pursuant to this ----------- Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 9 contracts

Samples: Purchase Agreement (United Rentals Inc), Purchase Agreement (Opentv Corp), Purchase Agreement (Nu Skin Asia Pacific Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Purchase Agreement (Cathay General Bancorp), Purchase Agreement (Green Mountain Coffee Roasters Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 13, 6, 7 7, 8 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 17, 18 and 8 19 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, LLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Hudson Valley Holding Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 67, 7 8, 9 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Underwriting Agreement (CarMax Auto Owner Trust 2011-3), Underwriting Agreement (CarMax Auto Owner Trust 2008-2), Underwriting Agreement (Carmax Auto Funding LLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Underwriting Agreement (Western Alliance Bancorporation), Gold Banc Corp Inc, Banc Corp

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 4, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Purchase Agreement (Syntax-Brillian Corp), Purchase Agreement (Lincoln Educational Services Corp), Employment Agreement (Lincoln Educational Services Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Underwriting Agreement (Flagstar Bancorp Inc), Purchase Agreement (Mitsubishi Ufj Financial Group Inc), Underwriting Agreement (Ing Groep Nv)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further PROVIDED FURTHER that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Purchase Agreement (Entertainment Inc), Chase Arnold L, Chase Polish Enterprises Inc

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, and 8 and this Section 9 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Fidbank Capital Trust I), Underwriting Agreement (Southern Bancshares Nc Inc), Underwriting Agreement (Premier Bancshares Inc /Ga)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8, 10, 12 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections Section 1, Section 6, 7 Section 7, Section 8, Section 14, Section 15, Section 16 and 8 Section 17 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (MDNA Life Sciences, Inc.), Underwriting Agreement (MDNA Life Sciences, Inc.), Underwriting Agreement (MDNA Life Sciences, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that this paragraph and Sections 1, 6, 7 7, and 8 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Pharmasset Inc), Purchase Agreement (Nextlink Communications LLC), Nextlink Communications LLC

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8, 9, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (UNIVEST FINANCIAL Corp), Purchase Agreement (Sabre Industries, Inc.), Underwriting Agreement (UNIVEST FINANCIAL Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 14 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Financing Agreement (Delek Logistics Partners, LP), Exchangeable Preferred (Nab Exchangeable Preferred Trust), Purchase Agreement (Anz Exchangeable Preferred Trust)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 11 and 8 12 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Investment Management Agreement (Nuveen Short Duration Credit Opportunities Fund), Underwriting Agreement (Nuveen Floating Rate Income Opportunity Fund), Underwriting Agreement (Nuveen Floating Rate Income Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 3(o), 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (SNB Bancshares Inc), Purchase Agreement (Fidelity Bankshares Inc), Form of Purchase Agreement (Encore Bancshares Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 64(b), 7 6 through 8, 11 through 19, 22 and 8 23 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Sunstone Hotel Investors, Inc.), Purchase Agreement (Nasdaq Stock Market Inc), Purchase Agreement (Vishay Intertechnology Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect. SECTION 10.

Appears in 4 contracts

Samples: Pepco Holdings Inc, Purchase Agreement (Northern States Power Co /Mn/), Purchase Agreement (Arvin Capital I)

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Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 9, 16, 17 and 8 18 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (American Bancorporation Capital Trust I), Bedford Property Investors Inc/Md, Bedford Property Investors Inc/Md

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Diamond S Shipping Group, Inc.), Underwriting Agreement (BOISE CASCADE Co), Underwriting Agreement (Boise Cascade, L.L.C.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 18 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Broadpoint Gleacher Securities Group, Inc.), Underwriting Agreement (Texas Capital Bancshares Inc/Tx), Underwriting Agreement (Inland Real Estate Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (GameFly Inc.), Agreement (Archipelago Learning, Inc.), Underwriting Agreement (Green Mountain Coffee Roasters Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1I, 6V, 7 VI and 8 VIII shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Terms Agreement (Ml Asset Backed Corp), Terms Agreement (Pooled Auto Securities Shelf LLC), Terms Agreement (Ml Asset Backed Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 15 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Oceanfirst Financial Corp), Underwriting Agreement (Renasant Corp), Underwriting Agreement (Renasant Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4(b), and provided further that Sections 1, 6, 7 7, 8, 14 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 3(m), 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Prosperity Bancshares Inc), Purchase Agreement (Eldorado Bancshares Inc), Underwriting Agreement (Metrocorp Bancshares Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party party, except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (PennantPark Floating Rate Capital Ltd.), Purchase Agreement (Pennantpark Investment Corp), Purchase Agreement (Pennantpark Investment Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 8 and 8 12 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided provided, further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Municipal Mortgage & Equity LLC), Purchase Agreement (Whiting Petroleum Corp), Underwriting Agreement (Teco Energy Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 6, 7 7, 8 and 8 10 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Certificate Underwriting Agreement (Wachovia Education Loan Funding LLC), Pooled Auto Securities Shelf LLC, Underwriting Agreement (Carmax Auto Funding LLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and ; provided further that Sections 1, 4, 6, 7 7, 8, 13 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and and; provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wisconsin Energy Corp), Underwriting Agreement (Wisconsin Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Perry Ellis International Inc), Underwriting Agreement (8x8 Inc /De/), Perry Ellis International Inc

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (First Chicago NBD Capital Iv), Underwriting Agreement (Bank One Corp), Underwriting Agreement (Bank One Capital V)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Webster Preferred Capital Corp), Chevy Chase Preferred Capital Corp, Harris Preferred Capital Corp

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereofof this Agreement, and provided further that Sections 1, 6, 6 and 7 and 8 of this Agreement shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Sterling Bancshares Inc), Underwriting Agreement (Allegiant Capital Trust Ii), Underwriting Agreement (Sterling Bancshares Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be he without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Independent Bank Corp), Underwriting Agreement (Independent Capital Trust Iii), Underwriting Agreement (Independent Capital Trust Ii)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 18 and 8 19 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)

Liabilities. If this Agreement agreement is terminated pursuant to this SectionSection 6, such termination shall be without liability of any party to any other party except as provided in Section 4 10 hereof, and provided further that Sections 12, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Agency Agreement (Vista Gold Corp), Agnico Eagle Mines LTD, Underwriting Agreement (Agnico Eagle Mines LTD)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party party, except as to the extent provided in Section 4 hereof4. Notwithstanding any such termination, and provided further that the provisions of Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Lowes Companies Inc), Underwriting Agreement (Lowes Companies Inc), Underwriting Agreement (Lowes Companies Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Einstein Noah Bagel Corp), Purchase Agreement (Essex Property Trust Inc), Einstein Noah Bagel Corp

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, ; and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc)

Liabilities. If this Agreement is terminated pursuant to this SectionSection , such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Stone Energy Corp), Purchase Agreement (Versatility Inc), Purchase Agreement (Midcoast Energy Resources Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, ; and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Fei Co), Purchase Agreement (Dendreon Corp), Dti Holdings Inc

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Macquarie Infrastructure Management (USA) INC), Purchase Agreement (Macquarie Infrastructure CO LLC), Purchase Agreement (American Commercial Lines Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 11 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (American Land Lease Inc), Agency Agreement (Developers Diversified Realty Corp), Agency Agreement (Forest City Enterprises Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.,

Appears in 2 contracts

Samples: Underwriting Agreement (Realty Income Corp), Underwriting Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4; provided, and provided further however, that Sections 1, 67, 7 8, 9 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Administration Agreement (California Republic Funding LLC), California Republic Funding LLC

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section SECTION 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Deutsche Bank Capital Funding LLC IX), Purchase Agreement (Deutsche Bank Capital Funding Trust X)

Liabilities. If this Agreement is terminated pursuant to this ----------- Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Grand Palais Riverboat Inc), Purchase Agreement (Isle of Capri Casinos Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effecteffect until the applicable statute of limitations has expired.

Appears in 2 contracts

Samples: Purchase Agreement (Human Genome Sciences Inc), Purchase Agreement (Titan International Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 4(b) hereof, and provided further that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full fall force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Bally Total Fitness Holding Corp), Purchase Agreement (Bally Total Fitness Holding Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party party, except as to the extent provided in Section 4 hereof4. Notwithstanding any such termination, the provisions of Sections 7, 8 and provided further that Sections 1, 6, 7 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: International Purchase Agreement (Lowes Companies Inc), Lowes Companies Inc

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further PROVIDED, FURTHER that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Teco Energy Inc, Tampa Electric Co

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