Sharing of Liability. If any Underwriter shall default in its obligations (i) pursuant to Section 5(a), 5(b) or 5(d), (ii) to pay amounts charged to its account pursuant to Section 7(a); 7(b) or 8(a) or (iii) pursuant to Section 9(b), 9(c), 9(d), 9(e), 9(f) or 11(a), you will assume your proportionate share (determined on the basis of the respective Underwriting Percentages of the non-defaulting Underwriters) of such obligations, but no such assumption shall relieve any defaulting Underwriter from liability to the non-defaulting Underwriters, the Issuer, the Guarantor or the Seller for its default.
Appears in 5 contracts
Samples: Dividend Capital Realty Income Allocation Fund, Master Agreement (RMK Advantage Income Fund, Inc.), Master Agreement (RMK Multi-Sector High Income Fund Inc)
Sharing of Liability. If any Underwriter shall default in its obligations (i) pursuant to Section 5(a), 5(b) or 5(d), (ii) to pay amounts charged to its account pursuant to Section 7(a); , 7(b) or 8(a) or (iii) pursuant to Section 9(b), 9(c), 9(d), 9(e), 9(f) or 11(a), you will assume your proportionate share (determined on the basis of the respective Underwriting Percentages of the non-defaulting Underwriters) of such obligations, but no such assumption shall relieve any defaulting Underwriter from liability to the non-defaulting Underwriters, the Issuer, the Guarantor or the any Seller for its default.
Appears in 4 contracts
Samples: Master Agreement (Dividend Capital Strategic Global Realty Fund), Master Agreement (Seligman Premium Technology Growth Fund, Inc.), Master Agreement (Western Asset Municipal Defined Opportunity Trust Inc.)
