Default by the Company Clause Example from Business Contracts

This example Default by the Company clause appears in 2 contracts from 1 company

Default by the Company. If the Company shall fail at the Closing Date to sell and deliver the number of Securities which it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of the Underwriters or, except as provided in Sections 6 and 10 hereof, any non-defaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.
Found in Merit Medical Systems, Inc. contract
Merit Medical Systems, Inc. Contracts

Underwriting Agreement, dated July 25, 2018, by and among Merit Medical Systems, Inc., Wells Fargo Securities, LLC, and Piper Jaffray & Co (Filed With SEC on July 30, 2018)

4,500,000 Shares Merit Medical Systems, Inc. Common Stock UNDERWRITING AGREEMENT (Filed With SEC on March 28, 2017)