Common use of Liabilities Clause in Contracts

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 1181 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Jefferies Financial Group Inc.), Underwriting Agreement (CTO Realty Growth, Inc.)

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Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 234 contracts

Samples: Underwriting Agreement (Blackstone Secured Lending Fund), Underwriting Agreement (Barings BDC, Inc.), Underwriting Agreement (Janux Therapeutics, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 170 contracts

Samples: Underwriting Agreement (Umb Financial Corp), Underwriting Agreement (Bowman Consulting Group Ltd.), Underwriting Agreement (Kinetik Holdings Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 161 contracts

Samples: Notice Regarding Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (Axonics, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 151 contracts

Samples: Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 100 contracts

Samples: Underwriting Agreement (Apache Corp), Underwriting Agreement (United Community Banks Inc), Underwriting Agreement (Wintrust Financial Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 93 contracts

Samples: Underwriting Agreement (Kla Corp), Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 92 contracts

Samples: Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 52 contracts

Samples: Nava Health (Nava Health Md, LLC), Underwriting Agreement (Weatherford International Ltd./Switzerland), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 44 contracts

Samples: Underwriting Agreement (Amr Corp), Purchase Agreement (Ventas Inc), Underwriting Agreement (American Airlines Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 12 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 43 contracts

Samples: Underwriting Agreement (Nuveen California Amt-Free Municipal Income Fund), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3), Underwriting Agreement (Nuveen California Dividend Advantage Municipal Fund 3)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 43 contracts

Samples: Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (Urban Edge Properties LP)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 12 shall survive such termination and remain in full force and effect.

Appears in 42 contracts

Samples: Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 29 contracts

Samples: Underwriting Agreement (James River Group Holdings, Ltd.), Underwriting Agreement (James River Group Holdings, Ltd.), Underwriting Agreement (James River Group Holdings, Ltd.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, ; and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 28 contracts

Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wec Energy Group, Inc.), Underwriting Agreement (Wec Energy Group, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 13 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 26 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 26 contracts

Samples: Purchase Agreement (Orange), Purchase Agreement (Orange), Purchase Agreement (Orange)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof; and provided, and provided further further, that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 26 contracts

Samples: Purchase Agreement (Nv Energy, Inc.), Purchase Agreement (Nv Energy, Inc.), Purchase Agreement (Pepco Holdings Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 23 contracts

Samples: Underwriting Agreement (Chittenden Corp /Vt/), Purchase Agreement (Rhythms Net Connections Inc), Underwriting Agreement (Amr Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 20 contracts

Samples: Underwriting Agreement (Nara Bancorp Inc), Underwriting Agreement (FBL Financial Group Inc), Underwriting Agreement (Nara Bancorp Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections Section 1, Section 6, 7 Section 7, Section 8, Section 11, Section 12 and 8 Section 13 shall survive such termination and remain in full force and effect.

Appears in 19 contracts

Samples: Underwriting Agreement (Main Street Capital CORP), Main Street Capital CORP, Underwriting Agreement (Main Street Capital CORP)

Liabilities. If this Underwriting Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 17 contracts

Samples: Underwriting Agreement (BayCom Corp), Underwriting Agreement (Red River Bancshares Inc), Underwriting Agreement (Red River Bancshares Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 13 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 17 contracts

Samples: Underwriting Agreement (Guggenheim Active Allocation Fund), Underwriting Agreement (BlackRock ESG Capital Allocation Trust), Underwriting Agreement (Neuberger Berman Next Generation Connectivity Fund Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 and Section 5 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 16 contracts

Samples: Placement Agreement (Lakeland Bancorp Inc), Purchase Agreement (Hill Vernon W Ii), Placement Agreement (Northeast Bancorp /Me/)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof. Notwithstanding any such termination, and provided further that Sections 1, 6, 7 and 8 the provisions of Section 6 shall survive such termination and remain in full force and effect.

Appears in 14 contracts

Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 14 contracts

Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 68, 7 9 and 8 10 shall survive such termination and remain in full force and effect.

Appears in 14 contracts

Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 13, 14 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 13 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Underwriting Agreement (CureVac N.V.), Underwriting Agreement (CureVac N.V.), Enterprise Financial Services Corp

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 13 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 12 contracts

Samples: Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Community Healthcare Trust Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections Section 1, Section 6, Section 7 and Section 8 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Purchase Agreement (Deutsche Bank Aktiengesellschaft), Purchase Agreement (Deutsche Bank Aktiengesellschaft), Underwriting Agreement (Bitauto Holdings LTD)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp), Wisconsin Power and Light Company (Wisconsin Power & Light Co)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Underwriting Agreement (Fulton Financial Corp), Underwriting Agreement (Fulton Financial Corp), Fulton Financial Corp

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 11 contracts

Samples: Purchase Agreement (Aep Industries Inc), Purchase Agreement (Seneca Erie Gaming Corp), Purchase Agreement (Affiliated Managers Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 12 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Underwriting Agreement (Legg Mason BW Global Income Opportunities Fund Inc.), Underwriting Agreement (BlackRock Resources & Commodities Strategy Trust), Purchase Agreement (Gabelli Global Deal Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 7 7, 8, 12, 13 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 10 contracts

Samples: Underwriting Agreement (Gushan Environmental Energy LTD), Underwriting Agreement (Cgen Digital Media Co LTD), Underwriting Agreement (Trina Solar LTD)

Liabilities. If this Agreement is terminated pursuant to this ----------- Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 9 contracts

Samples: Purchase Agreement (Cybersource Corp), Purchase Agreement (Nu Skin Asia Pacific Inc), Purchase Agreement (United Rentals Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 17, 18 and 8 19 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, LLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Underwriting Agreement (NYSE Euronext), Underwriting Agreement (Hudson Pacific Properties, Inc.), Purchase Agreement (Green Mountain Coffee Roasters Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 13, 6, 7 7, 8 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further PROVIDED FURTHER that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Purchase Agreement (Entertainment Inc), Chase Rhoda L/, Rothschild Trust Cayman Limited Trustee for Darland Trust

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Underwriting Agreement (Flagstar Bancorp Inc), Purchase Agreement (Mitsubishi Ufj Financial Group Inc), Underwriting Agreement (Ing Groep Nv)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 4, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Purchase Agreement (Syntax-Brillian Corp), Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 67, 7 8, 9 and 8 14 shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Underwriting Agreement (CarMax Auto Owner Trust 2011-3), Underwriting Agreement (CarMax Auto Owner Trust 2011-2), Underwriting Agreement (Carmax Auto Owner Trust 2007-1)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 6 contracts

Samples: Underwriting Agreement (Western Alliance Bancorporation), Resource Bankshares Corp, Gold Banc Corp Inc

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Pharmasset Inc), Purchase Agreement (Nextlink Communications LLC), Nextlink Communications LLC

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8, 9, 16 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (UNIVEST FINANCIAL Corp), Underwriting Agreement (UNIVEST FINANCIAL Corp), Purchase Agreement (Sabre Industries, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections Section 1, Section 6, 7 Section 7, Section 8, Section 14, Section 15, Section 16 and 8 Section 17 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (MDNA Life Sciences, Inc.), Underwriting Agreement (MDNA Life Sciences, Inc.), Underwriting Agreement (MDNA Life Sciences, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, and 8 and this Section 9 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Southern Bancshares Nc Inc), Underwriting Agreement (New South Capital Trust I), Underwriting Agreement (Premier Bancshares Inc /Ga)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that this paragraph and Sections 1, 6, 7 7, and 8 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 hereof shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8, 10, 12 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Quality Municipal Income Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (American Bancorporation Capital Trust I), Bedford Property Investors Inc/Md, Bedford Property Investors Inc/Md

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Sunstone Hotel Investors, Inc.), Purchase Agreement (Nasdaq Stock Market Inc), Purchase Agreement (Vishay Intertechnology Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 14 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Financing Agreement (Delek Logistics Partners, LP), Exchangeable Preferred (Nab Exchangeable Preferred Trust), Purchase Agreement (Anz Exchangeable Preferred Trust)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 18 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Texas Capital Bancshares Inc/Tx), Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1I, 6V, 7 VI and 8 VIII shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Diamond S Shipping Group, Inc.), Underwriting Agreement (BOISE CASCADE Co), Underwriting Agreement (BOISE CASCADE Co)

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Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Terms Agreement (Ml Asset Backed Corp), Terms Agreement (Ml Asset Backed Corp), Terms Agreement (Pooled Auto Securities Shelf LLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and ; provided further that Sections 1, 4, 6, 7 7, 8, 13 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 3(o), 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Form of Purchase Agreement (Encore Bancshares Inc), Purchase Agreement (Fidelity Bankshares Inc), Purchase Agreement (SNB Bancshares Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 11 and 8 12 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Nuveen Floating Rate Income Opportunity Fund), Underwriting Agreement (Nuveen Floating Rate Income Fund), Underwriting Agreement (Nuveen Senior Income Fund)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect. SECTION 10.

Appears in 4 contracts

Samples: Pepco Holdings Inc, Purchase Agreement (Arvin Capital I), Purchase Agreement (Northern States Power Co /Mn/)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 9, 16, 17 and 8 18 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 15 hereof shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Renasant Corp), Underwriting Agreement (Oceanfirst Financial Corp), Underwriting Agreement (Renasant Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4(b), and provided further that Sections 1, 6, 7 7, 8, 14 and 8 15 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 6, 7 7, 8 and 8 10 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Certificate Underwriting Agreement (Wachovia Education Loan Funding LLC), Pooled Auto Securities Shelf LLC, Underwriting Agreement (Carmax Auto Funding LLC)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 8 and 8 12 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided provided, further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Municipal Mortgage & Equity LLC), Purchase Agreement (Whiting Petroleum Corp), Underwriting Agreement (Teco Energy Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 17 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Green Mountain Coffee Roasters Inc), Purchase Agreement (GameFly Inc.), Agreement (Archipelago Learning, Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party party, except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (PennantPark Floating Rate Capital Ltd.), Purchase Agreement (PennantPark Floating Rate Capital Ltd.), Purchase Agreement (Pennantpark Investment Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 3(m), 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Purchase Agreement (Prosperity Bancshares Inc), Purchase Agreement (First State Bancorporation), Purchase Agreement (Eldorado Bancshares Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 64(b), 7 6 through 8, 11 through 19, 22 and 8 23 shall survive such termination and remain in full force and effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Nomura Holdings Inc), Nomura Holdings Inc, Underwriting Agreement (Nomura Holdings Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Bank One Corp), Underwriting Agreement (Bank One Capital V), Underwriting Agreement (First Chicago NBD Capital Iv)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (8x8 Inc /De/), Underwriting Agreement (Perry Ellis International Inc), Perry Ellis International Inc

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party party, except as to the extent provided in Section 4 hereof4. Notwithstanding any such termination, and provided further that the provisions of Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Lowes Companies Inc), Underwriting Agreement (Lowes Companies Inc), Underwriting Agreement (Lowes Companies Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Einstein Noah Bagel Corp), Purchase Agreement (Essex Property Trust Inc), Einstein Noah Bagel Corp

Liabilities. If this Agreement is terminated pursuant to this SectionSection , such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Versatility Inc), Purchase Agreement (Stone Energy Corp), Purchase Agreement (Midcoast Energy Resources Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereofof this Agreement, and provided further that Sections 1, 6, 6 and 7 and 8 of this Agreement shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Allegiant Capital Trust Ii), Underwriting Agreement (Sterling Bancshares Inc), Underwriting Agreement (Sterling Bancshares Inc)

Liabilities. If this Agreement agreement is terminated pursuant to this SectionSection 6, such termination shall be without liability of any party to any other party except as provided in Section 4 10 hereof, and provided further that Sections 12, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Agency Agreement (Vista Gold Corp), Agnico Eagle Mines LTD, Underwriting Agreement (Agnico Eagle Mines LTD)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Webster Preferred Capital Corp), Harris Preferred Capital Corp, Chevy Chase Preferred Capital Corp

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 11 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (American Land Lease Inc), Agency Agreement (Developers Diversified Realty Corp), Agency Agreement (Forest City Enterprises Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, ; and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, ; and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Fei Co), Purchase Agreement (Dendreon Corp), Dti Holdings Inc

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and and; provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Wisconsin Energy Corp), Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wisconsin Energy Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 18 and 8 19 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Purchase Agreement (Macquarie Infrastructure CO LLC), Purchase Agreement (Macquarie Infrastructure Management (USA) INC), Purchase Agreement (American Commercial Lines Inc.)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be he without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Independent Capital Trust Iii), Underwriting Agreement (Independent Capital Trust Ii), Underwriting Agreement (Independent Bank Corp)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Oge Energy Corp), Underwriting Agreement (Oklahoma Gas & Electric Co)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4, and provided further that Sections 1, 68, 7 9 and 8 10 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Merrill Auto Trust Securitization 2008-1), Underwriting Agreement (Merrill Auto Trust Securitization 2007-1)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Wisconsin Power & Light Co), Underwriting Agreement (Provident Financial Group Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof4; provided, and provided further however, that Sections 1, 67, 7 8, 9 and 8 13 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Administration Agreement (California Republic Funding LLC), California Republic Funding LLC

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and, if any Securities have been purchased and sold pursuant hereto, Section 8 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Exact Corp), Exact Corp

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 hereof shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Centrexion Therapeutics Corp), Underwriting Agreement (Centrexion Therapeutics Corp)

Liabilities. If this Agreement is terminated pursuant to this ----------- Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Isle of Capri Casinos Inc), Purchase Agreement (Grand Palais Riverboat Inc)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section SECTION 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Deutsche Bank Capital Funding LLC IX), Purchase Agreement (Deutsche Bank Capital Funding Trust X)

Liabilities. If this Agreement is terminated pursuant to this Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, Section 7 and 8 shall survive such termination and remain in full force and effect.

Appears in 2 contracts

Samples: Purchase Agreement (Interpool Inc), Purchase Agreement (Interpool Inc)

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