Relative Fault. The relative fault of the Company on the one hand and the Underwriters on the other hand shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact relates to information supplied by the Company or by the Underwriters and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 11 contracts
Samples: Underwriting Agreement (Dekania Corp.), Underwriting Agreement (Dekania Corp.), Underwriting Agreement (United Refining Energy Corp)
Relative Fault. The relative fault of the Company on the one hand and the Underwriters on the other hand shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact relates to information supplied by the Company or by the Underwriters and the parties’ ' relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 6 contracts
Samples: Underwriting Agreement (Alpha Security Group CORP), Underwriting Agreement (China Energy & Resources LTD), Underwriting Agreement (Alpha Security Group CORP)
