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 First 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 any Underwriter or, except as provided in Section 3(h) and Section 5 hereof, any non defaulting party. No action taken pursuant to this Section 8 shall relieve the Company so defaulting from liability, if any, in respect of such default.