Common use of Reimbursement of Initial Purchasers’ Expenses Clause in Contracts

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by the Initial Purchaser, the Company will reimburse the Initial Purchaser on demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it in connection with the proposed purchase and sale of the Securities.

Appears in 4 contracts

Samples: Purchase Agreement (Kayne Anderson MLP Investment CO), Purchase Agreement (Kayne Anderson MLP Investment CO), Purchase Agreement (Kayne Anderson MLP Investment CO)

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Reimbursement of Initial Purchasers’ Expenses. If Notwithstanding Section 5(m), if the sale of the Securities provided for herein is not consummated (i) because any condition to the obligations of the Initial Purchaser set forth in Section 6 hereof is not satisfied, (ii) because of any termination of this Agreement pursuant to Section 10 hereof 10(a) hereof, or (iii) because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by the Initial Purchaserhereof, the Company will reimburse the Initial Purchaser on demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it in connection with the proposed purchase and sale of the Securities.

Appears in 3 contracts

Samples: Purchase Agreement (Business Development Corp of America), Business Development Corp of America, Business Development Corp of America

Reimbursement of Initial Purchasers’ Expenses. If the sale ---------------------------------------------- of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 8 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser on Purchasers severally upon demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it them in connection with the proposed purchase and sale of the Securities.

Appears in 2 contracts

Samples: Purchase Agreement (Ameren Corp), Purchase Agreement (Interstate Energy Corp)

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 5 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser on Purchasers severally upon demand for all reasonable and detailed out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it them in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Escrow Agreement (Cardinal Health Inc)

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 8 hereof is not satisfied, because of any termination pursuant to Section 10 8(h) hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser Purchasers on demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (GMX Resources Inc)

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by the Initial PurchaserPurchasers in the payment for the Securities on the Closing Date, the Company will reimburse the Initial Purchaser on Purchasers severally upon demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it them in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Global Marine Inc)

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 7 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser Purchasers on demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it them in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Cox Communications Inc /De/)

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser Purchasers severally through the Representatives on demand for all reasonable out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it them in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Ensco PLC)

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Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by the Initial PurchaserPurchasers in the payment for the Securities on the Closing Date, the Company will reimburse the Initial Purchaser on Purchasers upon demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it them in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Globalsantafe Corp

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 5 hereof is not satisfied, because of any termination pursuant to Section 10 11 hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser on Purchasers severally upon demand for all reasonable and detailed out-of-pocket expenses (including reasonable and documented fees and disbursements of counselcounsel as stated with particularity) that shall have been incurred by it them in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Cardinal Health Inc)

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 8A or Section 8B hereof is not satisfied, because of any termination pursuant to subdivision (i) of Section 10 8A hereof or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser Purchasers on demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: Purchase Agreement (Dollar Financial Corp)

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 hereof (other than paragraph (b) of Section 6) is not satisfied, because of any termination pursuant to Section 10 hereof satisfied or because of any refusal, inability or failure on the part of the Company or the Adviser to perform any agreement herein or comply with any provision hereof other than by reason of a default by the Initial PurchaserPurchasers, the Company will reimburse the Initial Purchaser on Purchasers upon demand for all reasonable and duly documented out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by it in connection with the proposed purchase and sale of the Securities.

Appears in 1 contract

Samples: HMT Technology Corp

Reimbursement of Initial Purchasers’ Expenses. If the sale of the Securities Notes provided for herein is not consummated because any condition to the obligations of the Initial Purchaser Purchasers set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 10(i) hereof or because of any refusal, inability or failure on the part of the Company or the Adviser Guarantor to perform any agreement herein or comply with any provision hereof other than by reason of a default by the Initial PurchaserPurchasers, the Company and the Guarantor will reimburse the Initial Purchaser on Purchasers upon demand for all reasonable out-of-pocket expenses (including reasonable and documented fees and reasonable disbursements of counsel) that shall have been incurred by it them in connection with the proposed purchase and sale of the SecuritiesNotes.

Appears in 1 contract

Samples: Purchase Agreement (United States Can Company /De/)

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