Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 79 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, 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 68 contracts
Samples: Agreement (Chubb LTD), Underwriting Agreement (ACE LTD), Terms Agreement (ACE LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 21 hereof shall survive such termination and remain in full force and effect.
Appears in 64 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (Terreno Realty Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 62 contracts
Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Rivernorth Opportunities Fund, Inc.), Underwriting Agreement (Eaton Vance Floating-Rate 2022 Target Term Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 22 hereof shall survive such termination and remain in full force and effect.
Appears in 49 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties LP)
Liabilities. If this Agreement is terminated pursuant to this Section 912, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11 and 8 Section 19 hereof shall survive such termination and remain in full force and effect.
Appears in 45 contracts
Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Ready Capital Corp)
Liabilities. If this Agreement is terminated pursuant to Section 9(q) or this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 24 hereof shall survive such termination and remain in full force and effect.
Appears in 31 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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 25 contracts
Samples: Underwriting Agreement (McCormick & Co Inc), Purchase Agreement (PennyMac Mortgage Investment Trust), Underwriting Agreement (McCormick & Co Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 24 contracts
Samples: Underwriting Agreement (Ventas, Inc.), Underwriting Agreement (Ventas, Inc.), Underwriting Agreement (Ventas, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 23 contracts
Samples: Underwriting Agreement (Horizon Global Corp), Underwriting Agreement (Spire Inc), Underwriting Agreement (Carvana Co.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 21 contracts
Samples: Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Alliant Energy Corp), Interstate Power and Light Company (Interstate Power & Light Co)
Liabilities. If this Agreement is terminated pursuant to Section 9(r) or this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, Section 14, Section 15, Section 18, Section 19, Section 20, Section 25 and 8 Section 26 hereof shall survive such termination and remain in full force and effect.
Appears in 21 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 98, 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 10 shall survive such termination and remain in full force and effect.
Appears in 21 contracts
Samples: Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Senior Investment Group Inc.), Underwriting Agreement (Newcastle Investment Corp)
Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 21 hereof shall survive such termination and remain in full force and effect.
Appears in 19 contracts
Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (BioMed Realty L P)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 9(b), 11, 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 18 contracts
Samples: Underwriting Agreement (ExOne Co), Underwriting Agreement (Leaf Group Ltd.), Underwriting Agreement (Aytu Biopharma, Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 9, 13 and 8 14 hereof shall survive such termination and remain in full force and effect.
Appears in 18 contracts
Samples: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Federal Realty OP LP), Underwriting Agreement (Simon Property Group L P /De/)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 12, 13, 14, 15, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 17 contracts
Samples: Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 17 contracts
Samples: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Spire Inc), Underwriting Agreement (Carvana Co.)
Liabilities. If this Agreement is terminated pursuant to this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 16 contracts
Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (STAG Industrial, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 hereof shall survive such termination and remain in full force and effect.
Appears in 16 contracts
Samples: Purchase Agreement (Care Capital Properties, Inc.), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 and 8 18 shall survive such termination and remain in full force and effect.
Appears in 14 contracts
Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Capital, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 14 contracts
Samples: Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.)
Liabilities. If this Underwriting Agreement is terminated pursuant to this Section 9, 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, 9(b) and 8 14 shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Viacom Inc., Viacom Inc., Underwriting Agreement (Viacom Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 12 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and 8 22 hereof shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Underwriting Agreement (SeaSpine Holdings Corp), Underwriting Agreement (SeaSpine Holdings Corp), Underwriting Agreement (RedHill Biopharma Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 12 contracts
Samples: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Capital Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 14 and 8 15 hereof shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Samples: Underwriting Agreement (Sotherly Hotels Inc.), Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (1347 Property Insurance Holdings, Inc.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, 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 12 contracts
Samples: Underwriting Agreement (Telephone & Data Systems Inc /De/), Underwriting Agreement (Telephone & Data Systems Inc /De/), Terms Agreement (United States Cellular Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 911, such termination shall be without liability of any party to any other party except as provided in Section 4 7(l) hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 15, 69, 7 10, 14 and 8 16 hereof shall survive such termination and remain in full force and effect.
Appears in 11 contracts
Samples: Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.)
Liabilities. If this Underwriting Agreement is terminated pursuant to this Section 9, 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: Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Triumph Bancorp, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that further, Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.
Appears in 11 contracts
Samples: Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 911, such termination shall be without liability of any party to any other party except as provided in Section 4 7(h) hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 9, 10, 16, 17 and 8 18 hereof shall survive such termination and remain in full force and effect.
Appears in 11 contracts
Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 10 contracts
Samples: Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (Veritex Holdings, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 10 contracts
Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 hereof shall survive such termination and remain in full force and effect.
Appears in 10 contracts
Samples: Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Blue Bird Corp), Underwriting Agreement (Blue Bird Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 14, 15, 16, 17, 18 and 8 21 shall survive such termination and remain in full force and effect.
Appears in 9 contracts
Samples: Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 8 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 16, 18, 19 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (BOSTON OMAHA Corp), Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Applied Genetic Technologies Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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 8 contracts
Samples: Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch & Co Inc), Preferred Stock (Merrill Lynch & Co Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 18 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (Gabelli Dividend & Income Trust), Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 14 through 20 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Purchase Agreement (THL Credit, Inc.), THL Credit, Inc., THL Credit, Inc.
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, 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 8 contracts
Samples: Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 12, 13, 14, 15, 16 and 8 18 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income Reit), Underwriting Agreement (Government Properties Income Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 13 through 19 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (THL Credit, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 8 contracts
Samples: Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 11 through 20 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 16, 18, 19 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 3, 5, 6, 7 7, 8, 9, 11, 12, 13 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Samples: Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 1except that, 6in the case of any termination of this Agreement, 7 Section 2, Section 7, Section 8 and 8 Section 18 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Golar LNG Partners LP), Equity Distribution Agreement (SemGroup Corp), Equity Distribution Agreement (Antero Midstream Partners LP)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Evergreen Global Dividend Opportunity Fund), Underwriting Agreement (Nuveen Mortgage Opportunity Term Fund)
Liabilities. If this Agreement is terminated pursuant to this Section 9Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereofparty; provided, and provided further further, that Sections 1, 6, 7 8 and 8 10 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Evoke Pharma Inc), Underwriting Agreement (Spherix Inc), Underwriting Agreement (Spherix Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 and 8 15 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Wisconsin Power & Light Co), Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 7 contracts
Samples: Underwriting Agreement (Montrose Environmental Group, Inc.), Underwriting Agreement (Maxeon Solar Technologies, Ltd.), Underwriting Agreement (Maxeon Solar Technologies, Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 17 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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, 9, 12, 13 and 8 14 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Zumiez Inc), Underwriting Agreement (Zumiez Inc), Underwriting Agreement (Panhandle Eastern Pipe Line Co Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 7 contracts
Samples: Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 7 contracts
Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 16, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 14, 6, 7 7, 8 and 8 13 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Samples: Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Anthem, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 911, such termination shall be without liability of any party to any other party except as otherwise 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 effectherein.
Appears in 6 contracts
Samples: Underwriting Agreement (iQIYI, Inc.), Underwriting Agreement (KE Holdings Inc.), Underwriting Agreement (Full Truck Alliance Co. Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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 6 contracts
Samples: Purchase Agreement (EPL Intermediate, Inc.), Purchase Agreement (Coherent Inc), Underwriting Agreement (Radian Group Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 6 contracts
Samples: Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 16, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 4(b) 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 6 contracts
Samples: Underwriting Agreement (Caterpillar Financial Services Corp), Underwriting Agreement (Caterpillar Financial Services Corp), Terms Agreement (Caterpillar Financial Services Corp)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, 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: Terms Agreement (Chubb LTD), Terms Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 16 hereof shall survive such termination and remain in full force and effect and except that, in the case of the termination of the obligations of the several Underwriters to purchase any Option Securities on an Option Closing Date which occurs after the Closing Date, this Agreement shall otherwise survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Golub Capital BDC (Golub Capital BDC, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 11 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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, 62, 7 7, 8, 9, 12, 13 and 8 14 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Alcentra Capital Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 14, 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Westpac Banking Corp, Westpac Banking Corp, Underwriting Agreement (Westpac Banking Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 98, 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 6 contracts
Samples: Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 4, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and 8 22 hereof shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, 5 hereof and provided further except that Sections 1, 6, 7 8 and 8 9 hereof shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Management Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (ACRES Commercial Realty Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 6 contracts
Samples: Placement Agency Agreement (Tortoise Energy Capital Corp), Placement Agency Agreement (Tortoise Energy Infrastructure Corp), Purchase Agreement (Tortoise Energy Infrastructure Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 3, 5, 6, 7 7, 8, 9, 11, 12 and 8 13 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Property Group Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, 5 hereof and provided further except that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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 5 contracts
Samples: Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, 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 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Reckson Associates Realty Corp), Underwriting Agreement (Reckson Operating Partnership Lp), Underwriting Agreement (Reckson Operating Partnership Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 9 and 8 14 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20 and 8 21 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (Enstar Group LTD), Underwriting Agreement (Enstar Group LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof; and provided, and provided further further, that Sections 12, 67, 7 8 and 8 9 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 4 contracts
Samples: Underwriting Agreement (Ipsco Tubulars Inc), Underwriting Agreement (CNX Coal Resources LP), Underwriting Agreement (Fortress Investment Group LLC)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 7 hereof, and provided further that Sections 12, 65(k), 7 8 and 8 11 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Lock Up Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, 5 hereof and provided further except that Sections 1, 67, 7 8, 9, 12, 13, 14, 15, 16, 18, 19, 20 and 8 21 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 17 and 8 18 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 17 hereof shall survive such termination and remain in full force and effect and except that, in the case of the termination of the obligations of the several Underwriters to purchase any Option Securities on an Option Closing Date which occurs after the Closing Date, this Agreement shall otherwise survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 12, 13, 14, 15, 17, 18, 19, 20 and 8 21 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Home Loan Servicing Solutions, Ltd.), Underwriting Agreement (Home Loan Servicing Solutions, Ltd.), Underwriting Agreement (Home Loan Servicing Solutions, Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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, 9, 12, 13, 14, 15, 16, 18, and 8 22 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 4 contracts
Samples: Underwriting Agreement (Public Service Enterprise Group Inc), Public Service Enterprise Group Inc, Public Service Enterprise Group Inc
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 4 contracts
Samples: Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (NephroGenex, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 12, 13, 15, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 17 hereof shall survive such termination and remain in full force and effect and except that, in the case of the termination of the obligations of the several Underwriters to purchase any Option Securities on an Option Closing Date that occurs after the Closing Date, this Agreement shall otherwise survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (QR Energy, LP), Underwriting Agreement (QR Energy, LP), Underwriting Agreement (QR Energy, LP)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 3 hereof, and provided further that Sections Section 1, Section 6, Section 7 and Section 8 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Archrock Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 9(b), 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Misonix Inc), Delcath Systems, Inc., ALKALINE WATER Co INC
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Purchase Agreement (World Acceptance Corp), Purchase Agreement (Interval Leisure Group, Inc.), Underwriting Agreement (Bonanza Creek Energy, Inc.)
Liabilities. If this Underwriting Agreement is terminated pursuant to this Section 9, 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 and this paragraph 9(b) shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Viacom Inc), Underwriting Agreement (Viacom Inc), Viacom Inc
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Dreyfus Alcentra Global Credit Income 2024 Target Term Fund, Inc.), Underwriting Agreement (Nuveen Preferred & Income 2022 Term Fund), Underwriting Agreement (Nuveen Energy MLP Total Return Fund)
Liabilities. If this Agreement is terminated pursuant to this Section 910, 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, 9, 16, 17 and 8 18 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, 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, 15, 16, 17 and 8 19 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT), Purchase Agreement (Government Properties Income Trust)
