Liability of Underwriters. (1) The obligation of the Underwriters to purchase the Common Shares in connection with the Offering at the Time of Closing on the Closing Date shall be several and not joint or joint and several and shall be as to the following percentages of the Common Shares to be purchased at that time: BMO Nxxxxxx Bxxxx Inc. 45 % Blackmont Capital Inc. 45 % Wellington West Capital Markets Inc. 10 % 100 %
Liability of Underwriters. Subject to the terms and conditions thereof, the obligations of the Underwriters to purchase the Offered Shares shall be several and not joint. The percentage of the aggregate number of Offered Shares to be separately purchased and paid for by the Underwriters shall be as follows: Cormark Securities Inc. 32.5% CIBC World Markets Inc. 32.5% Canaccord Genuity Corp. 22.5% PI Financial Corp. 7.50% BMO Xxxxxxx Xxxxx Inc. 5.0% If an Underwriter (a “Refusing Underwriter”) shall not complete the purchase and sale of the Offered Shares which such Underwriter has agreed to purchase hereunder for any reason whatsoever, the other Underwriters (the “Continuing Underwriters”) shall be entitled, at their option, to purchase all but not less than all of the Offered Shares which would otherwise have been purchased by such Refusing Underwriter. If the Continuing Underwriters do not elect to purchase the balance of the Offered Shares pursuant to the foregoing:
Liability of Underwriters. Except as expressly stated herein, or as may arise under the Securities Act, the Underwriters will not be under any liability for, or in respect of: the validity or value of the Common Shares; the form of, or the statements contained in, the Registration Statement, any Preliminary Prospectus, the Prospectus (or any amendments or supplements thereto), or any supplemental sales data or other letters or instruments executed by, or obtained from, the Company; the form or validity of the Underwriting Agreement or this Agreement; the eligibility of the Common Shares for sale under the laws of any state or jurisdiction; the delivery of the Shares; the performance by the Company or others of any agreement on its or their part; or any matter in connection with any of the foregoing, except the Underwriters's own lack of good faith.
Liability of Underwriters. The obligations of the Underwriters to purchase the Treasury Units and Secondary Shares in connection with the Offering at the Closing Time shall be several (and not joint or joint and several) and shall be as to the following percentages of the Treasury Units and Secondary Shares to be purchased at that time: Name of Underwriter Percentage ------------------- ---------- Sprott Securities Inc. 65% Salman Partners Inc. 25% Canaccord Capital Corporation 10% Nothing in this Agreement shall oblige any U.S. broker dealer affiliate of any of the Underwriters to purchase the Treasury Units and/or Secondary Shares. Any U.S. broker dealer affiliate who makes any offers or sales of the Treasury Units and/or Secondary Shares to U.S. persons will do so solely as an agent for an Underwriter. If any of the Underwriters shall fail to purchase its applicable percentage of the total number of Treasury Units and Secondary Shares at the Closing Time pursuant to the Offering and such failure shall constitute a default in its obligations under this Agreement, then, notwithstanding the provisions of this paragraph, any Underwriter not in default of its obligations under this Agreement may, but shall not be obligated to, purchase the Treasury Units and Secondary Shares which the Underwriter in default was to have purchased.
Liability of Underwriters. 12.1 The obligations of the Underwriters to purchase the Units in connection with the Offering at the Time of Closing shall be several (and not joint or joint and several) and shall be as to the following percentages of the Units to be purchased at that time: Name of Underwriter Liability Canaccord Xxxxx Limited 75 % Orion Securities Inc. 25 %
Liability of Underwriters. 12.1 The obligations of the Underwriters to purchase the Units in connection with the Offering at the Time of Closing shall be several (and not joint or joint and several) and shall be as to the following percentages of the Units to be purchased at that time: NAME OF UNDERWRITER LIABILITY Desjardins Securities Inc. 65% CIBC World Markets Inc. 35%
Liability of Underwriters. 12.1 The obligations of the Underwriters to purchase the Offered Securities in connection with the Offering at the Time of Closing shall be several (and not joint or joint and several) and shall be as to the following percentages of the Offered Securities to be purchased at that time: Name of Underwriter Liability GMP Securities L.P. 40% Xxxxxxx Xxxxx Ltd. 25% Cormark Securities Inc. 17.5% Canaccord Capital Corporation 17.5%
Liability of Underwriters. (1) The obligation of the Underwriters to purchase the Common Shares in connection with the Offering at the Time of Closing on the Closing Date shall be several and not joint or joint and several and shall be as to the following percentages of the Common Shares to be purchased at that time: BMO Xxxxxxx Xxxxx Inc. 55 % Wellington West Capital Markets Inc. 35 % Macquarie Capital Markets Canada Ltd. 10 % 100 %
Liability of Underwriters. (a) The obligations of the Underwriters with respect to purchasing the Special Warrants shall be several, and not joint or joint and several, and shall extend to the following percentages of the Special Warrants to be sold on behalf of the Company and SMTC. Orion Securities Inc. 42.55 % CIBC World Markets Inc. 42.55 % GMP Securities Limited 10.00 % RBC Dominion Securities Inc. 4.90 %
Liability of Underwriters. The obligations of the Underwriters to purchase the Purchased Shares (and any Over-Allotment Option Shares which the Underwriters have agreed to purchase prior to the exercise of the Over-Allotment Option) in connection with the Offering at the Closing Time shall be several (and not joint or joint and several) and shall be as to the following percentages of the Offered Shares to be purchased at that time: Name of Underwriter Percentage Orion Securities Inc. 38.89% Sprott Securities Inc. 38.89% First Associates Investments Inc. 11.12% Xxxxxxx Xxxxx Ltd. 5.55% Research Capital Corporation 5.55% If any of the Underwriters shall fail to purchase its applicable percentage of the total number of such of the Offered Shares at the Closing Time pursuant to the Offering and such failure shall constitute a default in its obligations under this agreement, then the other Underwriters shall be relieved of their obligations hereunder provided that, notwithstanding the provisions of this paragraph, any Underwriter not in default of its obligations under this agreement may, but shall not be obligated to, purchase such of the Offered Shares which the Underwriter in default was to have purchased. Nothing in this paragraph shall oblige the Company to sell to any or all of the Underwriters less than all of the aggregate amount of the Purchased Shares (and any Over-Allotment Option Shares which the Underwriters have agreed to purchase pursuant to the exercise of the Over-Allotment Option) or shall relieve any of the Underwriters in default hereunder from liability to the Company.
