Common use of Reimbursement of Underwriter Expenses Clause in Contracts

Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 5 or Section 10, or by the Company pursuant to Section 7, or if the sale to the Underwriter of the Shares on the First Closing Date or Subsequent Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter, upon demand, for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the Shares, including but not limited to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Immtech International Inc)

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Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter Representative pursuant to Section 5 4, Section 8 or Section 10, or by the Company pursuant to Section 79, or if the sale to the Underwriter Underwriters of the Shares on the First Closing Date or Subsequent any Option Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter, Underwriters upon demand, demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter Underwriters in connection with the proposed purchase and the offering and sale of the Shares, including but not limited to reasonable fees and disbursements of counsel, printing expenses, travel and accommodation expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Insmed Inc)

Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 5 or 6, Section 10, 11 or by the Company pursuant to Section 78, or if the sale to the Underwriter of the Offered Shares on the First Closing Date or Subsequent Closing Date is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter, Underwriter upon demand, demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the Offered Shares, including but not limited to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Salix Pharmaceuticals LTD)

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Reimbursement of Underwriter Expenses. If this Agreement is terminated by the Underwriter pursuant to Section 5 or Section 10, or by the Company pursuant to Section 711, or if the sale to the Underwriter of the Shares Securities on the First Closing Date (or Subsequent the applicable Option Closing Date Date) is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company agrees to reimburse the Underwriter, upon demand, demand for all out-of-pocket expenses that shall have been reasonably incurred by the Underwriter in connection with the proposed purchase and the offering and sale of the SharesSecurities, including but not limited to reasonable fees and disbursements of counsel, printing expenses, travel expenses, postage, facsimile and telephone charges.

Appears in 1 contract

Samples: Underwriting Agreement (Emerald Oil, Inc.)

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