Common use of Termination Miscellaneous Clause in Contracts

Termination Miscellaneous. (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 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(3), 10, 13 and 14 hereof shall remain in full force and effect.

Appears in 2 contracts

Samples: Accession Agreement (Deutsche Bank Aktiengesellschaft), Contribution Agreement (Deutsche Bank Aktiengesellschaft)

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Termination Miscellaneous. (1) 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)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 and 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)3.3, 10, 13 and 14 hereof shall remain in full force and effect.

Appears in 2 contracts

Samples: www.sec.gov, Accession and Amendment Agreement (Deutsche Bank Aktiengesellschaft)

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