Default by the Company Clause Example from Business Contracts

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

Default by the Company. If the Company shall fail at the Closing Date or at the Option Closing Date to sell and deliver the Shares 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 Section 4(a)(vii), any nondefaulting party. No action taken pursuant to this Section 9 shall relieve the Company from liability, if any, in respect of such default.