Common use of Termination Because of Non-Compliance Clause in Contracts

Termination Because of Non-Compliance. This Agreement may be terminated by the Underwriter by notice to the Company in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement on the part of the Company to be performed, complied with or fulfilled (including but not limited to those specified in Sections 2, 3, 4, 5, and 8 hereof) within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Underwriter in writing.

Appears in 2 contracts

Samples: Underwriting Agreement (Sac Technologies Inc), Underwriting Agreement (Sac Technologies Inc)

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Termination Because of Non-Compliance. This Agreement may be terminated in its entirety by the Underwriter by notice to the Company prior to its effectiveness in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement on the part of which the Company is required by this Agreement to be performed, complied with or fulfilled (including but not limited to those specified in Sections 2, 3, 4, 5, and 8 hereof) within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Underwriter in writing.

Appears in 2 contracts

Samples: Underwriting Agreement (Viper Powersports Inc), Underwriting Agreement (Reeds Inc)

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Termination Because of Non-Compliance. This Agreement may be terminated by the Underwriter by notice to the Company in the event that the Company shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement on the part of the Company to be performed, complied with or fulfilled (including but not limited to those specified in Sections 2, 3, 4, 5, and 8 hereof) within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the Underwriter in writing.

Appears in 1 contract

Samples: Underwriting Agreement (Mallard Fund Inc)

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