Common use of Liabilities Clause in Contracts

Liabilities. If this Agreement is terminated pursuant to this Section 14, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 13 contracts

Samples: Equity Distribution Agreement (Saratoga Investment Corp.), Equity Distribution Agreement (Oxford Lane Capital Corp.), Equity Distribution Agreement (Oxford Square Capital Corp.)

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Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 1211(d), Section 13, Section 18 12 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 1110, Section 12, Section 13, Section 18 11 and Section 21 19, hereof shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Equity Distribution Agreement (Equity Lifestyle Properties Inc), Equity Distribution Agreement (Equity Lifestyle Properties Inc), Equity Distribution Agreement (Equity Lifestyle Properties Inc)

Liabilities. If this Agreement is terminated pursuant to Section 9(q) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 1314, Section 18 15, Section 17, Section 18, Section 19, Section 24 and Section 21 25 hereof shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 1110, Section 12, Section 1317, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 14Section, such termination shall be without liability of any party to any other party except as provided in Section 9 4 hereof, and except that, in the case of any termination of this Agreementprovided further that Section 1, Section 56, Section 117, Section 128, Section 139, Section 18 14, Section 15, Section 16 and Section 21 hereof 17 shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Underwriting Agreement (Wesbanco Inc), Underwriting Agreement (Banc of California, Inc.), Underwriting Agreement (Veritex Holdings, Inc.)

Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 17 and Section 21 hereof 23 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc)

Liabilities. If this Agreement is terminated pursuant to Section 9(q) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 12, Section 13, Section 14, Section 17, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 118 10, Section 12, Section 13, Section 18 11 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Cocrystal Pharma, Inc.), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 14Section, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.in

Appears in 8 contracts

Samples: Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (MBNK Capital Trust I)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 12 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 58, Section 10, Section 11, Section 12, Section 13, Section 18 16 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 1110, Section 12, Section 13, Section 18 11 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 16 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Equity Sales Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 22 and Section 21 23 hereof shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 15 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Portland General Electric Co /Or/)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof 20 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 1110, Section 1210(d), Section 13, Section 18 11 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Wheeler Real Estate Investment Trust, Inc.), Equity Distribution Agreement (Wheeler Real Estate Investment Trust, Inc.), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Liabilities. If this Agreement is terminated pursuant to Section 8(k) or this Section 1411, such termination shall be without liability of any party to any other party except as provided in Section 9 7(g) hereof, and except that, in the case of any termination of this Agreement, Section 59, Section 11, Section 12, Section 13, Section 18 16 and Section 21 hereof 17 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Sales Agreement (Sunesis Pharmaceuticals Inc), Market Issuance Agreement (Taseko Mines LTD), Sales Agreement (Sunesis Pharmaceuticals Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 5, Section 1110, Section 12, Section 13, Section 18 11 and Section 21 hereof 19 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Ellington Residential Mortgage REIT), Equity Distribution Agreement (Ellington Financial Inc.), Equity Distribution Agreement (Ellington Financial Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9 hereof, 8 and except that, in the case of any termination of this Agreement, Section 5, Section 1110, Section 1211, Section 13, Section 14, Section 16, Section 17, Section 18 and Section 21 hereof 20 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 21 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 16 and Section 21 20 hereof (and all related defined terms) shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Sales Agreement (Cedar Realty Trust, Inc.), Sales Agreement (Ashford Hospitality Trust Inc), Sales Agreement (Aimco Properties Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 17 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust)

Liabilities. If this Agreement is terminated pursuant to Section 9(r) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 1314, Section 18 15, Section 17, Section 18, Section 19, Section 24 and Section 21 25 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 1211(d), Section 13, Section 18 12 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Liabilities. If this Agreement is terminated pursuant to Section 10(k) or this Section 14, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof 24 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Terms Agreement (Essex Portfolio Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 Sections 8, 10 and 11 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as party; provided in Section 9 hereof, that Sections 7 and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 8 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 12, Section 13, Section 18 16 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 14, 20 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 Sections 2 and 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 1110, Section 12, Section 13, Section 18 11 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement, Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)

Liabilities. If this Agreement is terminated pursuant to Section 9(m) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 12 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 17 and Section 21 hereof (and all related defined terms) shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc), Distribution Agreement (Medical Properties Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 58, Section 10, Section 11, Section 12, Section 13, 15 and Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Mitcham Industries Inc), Equity Distribution Agreement (Mitcham Industries Inc), Mind Technology, Inc

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 1216, Section 1317, Section 18 23, Section 24 and Section 21 25 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Strongbridge Biopharma PLC)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 12 and Section 21 23 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 14‎13, such termination shall be without liability of any party to any other party except as provided in Section 9 ‎8 hereof, and except that, in the case of any termination of this Agreement, Section 5‎5, Section 11‎10, Section 12‎11, Section 13, Section 18 ‎12 and Section 21 ‎22 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 9 Section 11, Section 12, Section 13, Section 18 12 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 11(d), Section 12, Section 1317, Section 18 18, Section 21 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 17 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 1216, Section 1317, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Genprex, Inc.), Equity Distribution Agreement (PLx Pharma Inc.), Equity Distribution Agreement (PLx Pharma Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 12 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 15 and Section 21 23 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Cree, Inc.), Equity Distribution Agreement (Digimarc CORP), Equity Distribution Agreement (Digimarc CORP)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 12 and Section 21 hereof 20 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1410, such termination shall be without liability of any party to any other party except as provided in Section 9 4 hereof, and except that, in the case of any termination of this Agreementprovided further that Section 1, Section 57, Section 118, Section 129, Section 13, Section 18 14, Section 15, Section 16, Section 17, Section 18, Section 20 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Mizuho Financial Group Inc), Mizuho Financial Group Inc

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 15 and Section 21 17 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Harvest Capital Credit Corp), Equity Distribution Agreement (Harvest Capital Credit Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 23 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Extra Space Storage LP), Equity Distribution Agreement (Extra Space Storage Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 14, Section 20, and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Equity One, Inc.), Equity Distribution Agreement (Equity One, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 14, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 15 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Duke Energy CORP), Equity Distribution Agreement (Duke Energy CORP)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.in

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 149, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, 4 hereof and except that, in the case of any termination of this Agreementthat Section 1, Section 56, Section 7, Section 8, Section 11, Section 12, Section 13, Section 18 14, Section 15, Section 17, Section 18, Section 19 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Spire (Spire Inc), Underwriting Agreement (Spire Missouri Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 14Section, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except thatexcept, in the case of any termination of this Agreementpursuant to Section 10(a)(i) (unless the Company shall satisfied the condition set forth in Section 5(c)) or Section 10(a)(iii) as provided in Section 4 hereof, Section 5and provided further that Sections 1, Section 117, Section 128, Section 139, Section 18 14, 15 and Section 21 hereof 16 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Salesforce Com Inc), Purchase Agreement (Salesforce Com Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 12, Section 1314, Section 18 15, Section 17, Section 18, Section 19, Section 21 and Section 21 hereof 23 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Liabilities. If this Agreement is terminated pursuant to Section 10(l) or this Section 14, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof 23 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 1110, Section 12, Section 13, Section 18 11 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Two Harbors Investment Corp.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 510, Section 11, Section 12, Section 13, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)

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Liabilities. If this Agreement is terminated pursuant to this Section 14, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (NexPoint Residential Trust, Inc.), Equity Distribution Agreement (NexPoint Residential Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1411, such termination shall be without liability of any party to any other party except as provided in Section 9 7(h) hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 119, Section 1210, Section 1316, Section 18 17 and Section 21 18 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Cubesmart (CubeSmart, L.P.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 16 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8(b) hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (Regency Centers Lp)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 7(l) hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 119, Section 1210, Section 13, Section 18 14 and Section 21 16 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Newtek Business Services Corp.), Equity Distribution Agreement (Hercules Technology Growth Capital Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 1110, Section 12, Section 13, Section 18 11 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Icad Inc), Equity Distribution Agreement (Sorrento Therapeutics, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 9, Section 11, Section 12, Section 13, Section 18 17 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Management Agreement (Invesco Mortgage Capital Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 7 hereof, and except that, in the case of any termination of this Agreement, Section 54, Section 119, Section 1210, Section 13, Section 18 11 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (DNP Select Income Fund Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 12 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Gramercy Property Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of Exhibit 1.5 any termination of this Agreement, Section 56, Section 11, Section 11(d), Section 12, Section 1317, Section 18 18, Section 21 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Kite Realty Group, L.P.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 12, Section 13, Section 18 16 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwest Natural Holding Co)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 16 and Section 21 19 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413.05, such termination shall be without liability of any party to any other party except as provided in Section 9 13.01 hereof, provided that Sections 1, 13.02, 13.03, 13.04, 14.08 and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof 14.12 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Purchase Agreement (Terremark Worldwide Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 14Section, such termination shall be without liability of any party to any other party except as provided in Section 9 Error! Reference source not found. 4 hereof, and except that, in the case of any termination of this Agreementprovided further that Section 1, Section 56, Section 117, Section 128, Section 139, Section 18 14, Section 15, Section 16 and Section 21 hereof 17 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Underwriting Agreement (Amalgamated Financial Corp.)

Liabilities. If this Agreement is terminated pursuant to this Section 14Section, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof5 hereof (except that if this Agreement is terminated pursuant to this Section 10, the Company is only liable for such expenses and fees of Fortis in an aggregate amount not to exceed $75,000), and except thatprovided further that Sections 7, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 8 and Section 21 hereof 14 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Placement Agency Agreement (Genaera Corp)

Liabilities. If this Agreement is terminated pursuant to Section 9(l) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 1317, Section 18 and Section 21 hereof 23 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (DXP Enterprises Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 16 and Section 21 23 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Elme Communities)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 19 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Management Agreement (Ares Commercial Real Estate Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8(b) hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 15 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Astronics Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 14Section, such termination shall be without liability of any party to any other party except as provided in Section 9 13 hereof, and except thatprovided further that Sections 1, in the case of any termination of this Agreement9, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof 12 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Underwriting Agreement (IronPlanet Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 12, Section 1314, Section 18 15, Section 17, Section 18, Section 19 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (CMS Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 1216, Section 13, Section 18 17 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Veritone, Inc.)

Liabilities. If this Agreement is terminated pursuant to Section 9(l) or this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, 11, Section 12, Section 13, Section 18 17, 18, 19, 23, 24, and Section 21 hereof 25 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (DXP Enterprises Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5. , Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Liabilities. If this Agreement is terminated pursuant to this Section 1410, such termination shall be without liability of any party to any other party except as provided in Section 9 4 hereof, and except that, in the case of any termination of this Agreementprovided further that Section 1, Section 57, Section 118, Section 129, Section 13, Section 14, Section 15, Section 16, Section 17, Section 18 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Mizuho Financial Group Inc

Liabilities. If this Agreement is terminated pursuant to this Section 14, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party Party to any other party Party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 1313(f), Section 18 19, Section 20 and Section 21 24 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Olympic Steel Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1415.04, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effectparty.

Appears in 1 contract

Samples: Loan Agreement (Krug International Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof8, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 1110, Section 12, Section 13, Section 18 11 and Section 21 hereof 19 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ellington Financial LLC)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of Exhibit 1.3 any termination of this Agreement, Section 56, Section 11, Section 11(d), Section 12, Section 1317, Section 18 18, Section 21 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party Party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 24 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Distribution Agreement (DMC Global Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9 hereof, 8 and except that, in the case of any termination of this Agreement, Section 5, Section 1110, Section 1211, Section 13, Section 18 14, Section 16, Section 17, Section 18, Section 20 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (CMS Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 12, Section 1317, Section 18 18, Section 21 and Section 21 22 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 1413, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 11, Section 11(d), Section 12, Section 1317, Section 18 18, Section 21 and Section 21 22 hereof shall survive such termination and remain in full force and effect.. Exhibit 1.1

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section 14Section, such termination shall be without liability of any party to any other party except as provided in Section 9 7 hereof, and except that, in the case of any termination of this Agreementprovided further that Section 3, Section 59, Section 11, Section 12, Section 13, Section 18 10 and Section 21 hereof 11 shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Underwriting Agreement (North American Palladium LTD)

Liabilities. If this Agreement is terminated pursuant to this Section 1412, such termination shall be without liability of any party to any other party except as provided in Section 9 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 18 and Section 21 20 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section 14, such termination shall be without liability of any party to any other party except as provided in Section 9 hereof9, and except that, in the case of any termination of this Agreement, Section 5, Section 11, Section 12, Section 13, Section 18 and Section 21 hereof shall survive such termination and remain in full force and effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)

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