Sub-Underwriter definition
Examples of Sub-Underwriter in a sentence
The parties agree that such information provided by or on behalf of any Underwriter or Sub-Underwriter through the Lead Manager consists solely of the material referred to in Section 16 hereof.
The Company, the Underwriters and the Sub-Underwriter agree that it would not be just and equitable if contribution were determined by pro rata allocation or any other method of allocation which does not take account of the equitable considerations referred to above.
Benefits received by the Company shall be deemed to be equal to the total net proceeds from the offering (before deducting expenses) received by it, and benefits received by the Underwriters and the Sub-Underwriter shall be deemed to be equal to the total underwriting discounts and commissions, in each case as set forth on the cover page of the Prospectuses.
Relative fault shall be determined by reference to, among other things, whether any untrue or any alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information provided by the Company on the one hand or the Underwriters and the Sub-Underwriter on the other, the intent of the parties and their relative knowledge, access to information and opportunity to correct or prevent such untrue statement or omission.
Benefits payable under this Agreement shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, executive of levy of any kind, either voluntary or involuntary, prior to actually being received by Executive or a beneficiary, as applicable, and any such attempt to dispose of any right to benefits payable hereunder shall be void.
This indemnity agreement will be in addition to any liability which any Underwriter or Sub-Underwriter may otherwise have.
The parties agree that such information provided by or on behalf of any Underwriter or Sub-Underwriter through the Lead Managers consists solely of the material referred to in Section 16 hereof.
Any certificate signed by any officer of the Company delivered to the Representatives or to counsel for the Underwriters and the Sub-Underwriter shall be deemed a representation and warranty by the Company to each Underwriter and the Sub-underwriter as to the matters covered thereby.
Notwithstanding the foregoing, any action arising out of or based upon this Agreement may be instituted by any Underwriter or Sub-Underwriter, the directors, officers, employees and agents of any Underwriter or Sub-Underwriter, or by any person who controls any Underwriter or Sub-Underwriter, in any court of competent jurisdiction in Canada.
Any Securities sold by the Sub-Underwriter will be purchased by the Sub-Underwriter from its Underwriter affiliate at the Closing Date at a price equal to the price set forth in Section 2(a) above or such purchase price less an amount to be mutually agreed upon by the Sub-Underwriter and its Underwriter affiliate which amount shall not be greater than the Underwriting Commission set forth on the cover page of the Prospectuses.