Common use of Termination Miscellaneous Clause in Contracts

Termination Miscellaneous. 17.1 Nothing in this Agreement shall be construed to alter in any way the rights, remedies, obligations or liabilities of the parties hereto under the Underwriting Agreement. If the Underwriting Agreement is terminated as permitted by the terms thereof, the Underwriters’ obligations hereunder shall immediately terminate except that (i) the obligations as set forth in Articles 3.3, 10, 13 and 14 shall remain in full force and effect, (ii) they shall remain liable for their proportionate share, based upon their Commitments, of all expenses and for any purchases or sales which may have been made for their account pursuant to the provisions of Article 11, including any taxes on any such purchases or sales and (iii) such termination shall not affect any obligation of any defaulting Underwriter. If the Underwriting Agreement is terminated after registration of the capital increase representing the New Shares, this Agreement shall remain in full force in effect until either of the transactions contemplated by Article 10(2) of the Underwriting Agreement have been completed; thereafter the obligations as set forth in Articles 3.3, 10, 13 and 14 hereof shall remain in full force and effect. 17.2 Should any provision of this Agreement be or become invalid in whole or in part, the other provisions of this Agreement shall remain in force. Any invalid provision shall be deemed replaced by a valid provision, which accomplishes as far as legally possible the economic effects of the invalid provision. 17.3 Amendments to this Agreement shall only be made in writing. This shall also apply to amendments of this paragraph. 17.4 Each executed counterpart shall constitute an original of one and the same agreement.

Termination Miscellaneous. 17.1 (1) Nothing in this Agreement shall be construed to alter in any way the rights, remedies, obligations or liabilities of the parties hereto under the Underwriting Agreement. If the Underwriting Agreement is terminated as permitted by the terms thereof, the Underwriters’ obligations hereunder shall immediately terminate except that (i) the obligations as set forth in Articles 3.33(3), 10, 13 and 14 shall remain in full force and effect, (ii) they shall remain liable for their proportionate share, based upon their Commitments, of all expenses and for any purchases or sales which may have been made for their account pursuant to the provisions of Article 11, including any taxes on any such purchases or sales and (iii) such termination shall not affect any obligation of any defaulting Underwriter. If the Underwriting Agreement is terminated after registration of the capital increase representing the New Shares, this Agreement shall remain in full force in and effect until either of the transactions contemplated by Article 10(2) of the Underwriting Agreement have been completed; thereafter the obligations as set forth in Articles 3.33(3), 10, 13 and 14 hereof shall remain in full force and effect. 17.2 (2) Should any provision of this Agreement be or become invalid in whole or in part, the other provisions of this Agreement shall remain in force. Any invalid provision shall be deemed replaced by a valid provision, which accomplishes as far as legally possible the economic effects of the invalid provision. 17.3 Amendments to this Agreement shall only be made in writing. This shall also apply to amendments of this paragraph. 17.4 Each executed counterpart shall constitute an original of one and the same agreement.

Termination Miscellaneous. 17.1 (1) Nothing in this Agreement shall be construed to alter in any way the rights, remedies, obligations or liabilities of the parties hereto under the Underwriting Agreement. If the Underwriting Agreement is terminated as permitted by the terms thereof, the Underwriters’ obligations hereunder shall immediately terminate except that (i) the obligations as set forth in Articles 3.33(3), 10, 13 and 14 shall remain in full force and effect, (ii) they shall remain liable for their proportionate share, based upon their Commitments, of all expenses and for any purchases or sales which may have been made for their account pursuant to the provisions of Article 11, including any taxes on any such purchases or sales and (iii) such termination shall not affect any obligation of any defaulting Underwriter. If the Underwriting Agreement is terminated after registration of the capital increase representing the New Shares, this Agreement shall remain in full force in and effect until either of the transactions contemplated by Article 10(2) of the Underwriting Agreement have been completed; thereafter the obligations as set forth in Articles 3.33(3), 10, 13 and 14 hereof shall remain in full force and effect. 17.2 (2) Should any provision of this Agreement be or become invalid in whole or in part, the other provisions of this Agreement shall remain in force. Any invalid provision shall be deemed replaced by a valid provision, which accomplishes as far as legally possible the economic effects of the invalid provision. 17.3 (3) Amendments to this Agreement shall only be made in writing. This shall also apply to amendments of this paragraphArticle 17(3). 17.4 Each executed counterpart shall constitute an original of one and the same agreement.