Reimbursement of Underwriters’ Expenses Clause Example with 625 Variations from Business Contracts
This page contains Reimbursement of Underwriters’ Expenses clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Reimbursement of Underwriters’ Expenses. If the sale of the Securities provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally throug...h the Representatives on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.View More
Variations of a "Reimbursement of Underwriters’ Expenses" Clause from Business Contracts
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8 or 10, (b) the Company shall fail to tender the Stock for delivery to the Underwriters for any reason not permitted under this Agreement, (c) the Underwriters shall decline to purchase the Stock for any reason permitted under this Agreement, (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of the ...Underwriters set forth in Section 6 hereof herein is not satisfied, satisfied or (e) the sale of the Stock is not consummated because 27 of any termination pursuant to Section 10 hereof or because of any (i) the refusal, inability or failure on the part of the Company to perform any agreement herein or (ii) refusal to satisfy any condition or to comply with any provision hereof other than by reason the provisions hereof, then in addition to the payment of a default by any of the Underwriters, amounts in accordance with Section 5, the Company will shall reimburse the Underwriters severally through for the Representatives on demand fees and expenses of Underwriters' counsel and for all such other out-of-pocket expenses (including reasonable fees and disbursements of counsel) that as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase and sale of the Securities. Stock, including, without limitation, travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to Cowen, provided that in no event shall the Company be obligated to reimburse the Underwriters pursuant to clauses (a), (c) or (d) in an amount in excess of $25,000 in the aggregate. If this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter provided that the foregoing shall not limit any reimbursement obligation of the Company to any non-defaulting Underwriter under this Section 9. View More
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, (b) the Company shall fail to tender the Stock for delivery to the Underwriters for any reason not permitted under this Agreement, (c) the Underwriters shall decline to purchase the Stock for any reason permitted under this Agreement, or (d) the sale of the Securities provided for herein Stock is not consummated (i) because any condition to the obligations of the... Underwriters set forth in Section 6 hereof herein is not satisfied, satisfied or (ii) because of any termination pursuant to Section 10 hereof or because of any the refusal, inability or failure on the part of the Company to perform any agreement herein or satisfy any condition or to comply with any provision the provisions hereof other than by reason prior to the Closing Date, then in addition to the payment of a default by any of the Underwriters, amounts in accordance with Section 5, the Company will shall reimburse the Underwriters severally through for the Representatives on demand reasonable and documented fees and expenses of Underwriters' counsel and for all such other out-of-pocket expenses (including reasonable fees and disbursements of counsel) that as shall have been reasonably and actually incurred by them in connection with this Agreement and the proposed purchase and sale of the Securities. Stock, including, without limitation, travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to BTIG, provided that, in no event shall the Company be obligated to reimburse the Underwriters pursuant to clauses (a), (c) or (d)(i) above in an amount in excess of $75,000 in the aggregate. If this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter provided that the foregoing shall not limit any reimbursement obligation of the Company to any non-defaulting Underwriter under this Section 9. View More
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, (b) the Company shall fail to tender the Stock for delivery to the Underwriters for any reason not permitted under this Agreement, (c) the Underwriters shall decline to purchase the Stock for any reason permitted under this Agreement, (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of the Underw...riters set forth in Section 6 hereof herein is not satisfied, satisfied or (e) the sale of the Stock is not consummated because of any termination pursuant to Section 10 hereof or because of any the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with any provision hereof the provisions hereof, then in addition to the payment of amounts in accordance with Section 5, the Company shall reimburse the Underwriters for the fees and expenses of counsel for the Underwriters and for such other than out-of-pocket expenses as shall have been reasonably incurred by reason it in connection with this Agreement and the proposed purchase of a default by any the Stock, including, without limitation, travel and lodging expenses of the Underwriters, and upon demand the Company will shall pay the full amount thereof to the Underwriters, provided that in no event shall the Company be obligated to reimburse the Underwriters severally through pursuant to clauses (a), (c) or (d) in an amount in excess of $125,000 in the Representatives on demand aggregate (not more than $100,000 of which shall be for all out-of-pocket expenses (including reasonable the reimbursement of the fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale expenses of the Securities. Underwriters' counsel). View More
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8 or 10, (b) the Company shall fail to tender the Stock for delivery to the Underwriters for any reason not permitted under this Agreement, (c) the Underwriters shall decline to purchase the Stock for any reason permitted under 27 this Agreement, (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of t...he Underwriters set forth in Section 6 hereof herein is not satisfied, satisfied or (e) the sale of the Stock is not consummated because of any termination pursuant to Section 10 hereof or because of any (i) the refusal, inability or failure on the part of the Company to perform any agreement herein or (ii) refusal to satisfy any condition or to comply with any provision hereof other than by reason the provisions hereof, then in addition to the payment of a default by any of the Underwriters, amounts in accordance with Section 5, the Company will shall reimburse the Underwriters severally through for the Representatives on demand fees and expenses of Underwriters' counsel and for all such other out-of-pocket expenses (including reasonable fees and disbursements of counsel) that as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase and sale of the Securities. Stock, including, without limitation, travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to Cowen, provided that in no event shall the Company be obligated to reimburse the Underwriters pursuant to clauses (a), (c) or (d) in an amount in excess of $25,000 in the aggregate. If this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter provided that the foregoing shall not limit any reimbursement obligation of the Company to any non-defaulting Underwriter under this Section 9. View More
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, as a result of an event described in Sections 6(l) or 6(m) or 6(n)(i)(B), (b) the Company shall fail to tender the Shares for delivery to the Underwriters for any reason not permitted under this Agreement, or (c) the sale of the Securities provided for herein Shares is not consummated because any condition to the obligations of the Underwriters set forth in Secti...on 6 hereof herein is not satisfied, because of any termination pursuant to Section 10 hereof satisfied or because of any the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with any provision hereof other than by reason of a default by any of the Underwriters, provisions hereof, then, the Company will shall reimburse the Underwriters' out-of-pocket expenses in accordance with Section 5 and, in addition, the Company shall reimburse the Underwriters severally through for the Representatives on demand fees and expenses of the Underwriters' counsel and for all other accountable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase Offering, and sale promptly upon demand the Company shall pay the full amount thereof to the Representatives on behalf of the Securities. Underwriters. View More
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, as a result of an event described in Sections 6(k) or 6(l) or 6(m)(i)(B), (b) the Company shall fail to tender the Shares for delivery to the Underwriters for any reason not permitted under this Agreement, or (c) the sale of the Securities provided for herein Shares is not consummated because any condition to the obligations of the Underwriters set forth in Secti...on 6 hereof herein is not satisfied, because of any termination pursuant to Section 10 hereof satisfied or because of any the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with any provision hereof other than by reason of a default by any of the Underwriters, provisions hereof, then, the Company will shall reimburse the Underwriters' out-of-pocket expenses in accordance with Section 5 and, in addition, the Company shall reimburse the Underwriters severally through for the Representatives on demand fees and expenses of the Underwriters' counsel and for all other accountable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase Offering, and sale promptly upon demand the Company shall pay the full amount thereof to the Representatives on behalf of the Securities. Underwriters. View More
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, (b) the Company shall fail to tender the Stock for delivery to the Underwriters for any reason not permitted under this Agreement, (c) the Underwriters shall decline to purchase the Stock for any reason permitted under this Agreement, (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of the Underw...riters set forth in Section 6 hereof herein is not satisfied, satisfied or (e) the sale of the Stock is not consummated because of any termination pursuant to Section 10 hereof or because of any the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with any provision hereof other than by reason the provisions hereof, then in addition to the payment of a default by any of the Underwriters, amounts in accordance with Section 5, the Company will shall reimburse the Underwriters severally through for the Representatives on demand fees and expenses of counsel for all the Underwriters and for such other out-of-pocket expenses (including reasonable fees and disbursements of counsel) that as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase and sale of the Securities. Stock, including, without limitation, travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to the Underwriters, provided that in no event shall the Company be obligated to reimburse the Underwriters pursuant to clauses (a), (c) or (d) in an amount in excess of $125,000 in the aggregate (not more than $100,000 of which shall be for the reimbursement of the fees and expenses of the Underwriters' counsel). View More
Reimbursement of Underwriters’ Expenses. If (a) the sale of Company shall fail to tender the Securities provided Shares for herein is not consummated delivery to the Underwriters for any reason or (b) the Underwriters shall decline to purchase the Shares because any condition to the obligations of the Underwriters set forth in Section 6 7 hereof is not satisfied, satisfied or because of any termination pursuant due to Section 10 hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement h...erein or comply with any provision hereof other than by reason of a default by any of the Underwriters, events described in Sections 7(k), 7(l) and 7(o) hereof, the Company will reimburse the Underwriters severally through the Representatives on demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been counsel for the Underwriters) incurred by them the Underwriters in connection with this Agreement and the proposed purchase and sale of the Securities. Shares, and upon demand and presentation of reasonable supporting documentation the Company shall pay the full amount thereof to the Representative. Notwithstanding the foregoing, if this Agreement is terminated pursuant to Section 9 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any Underwriter on account of those expenses. View More
Reimbursement of Underwriters’ Expenses. If Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8 or 10, (b) the Company shall fail to tender the Stock for delivery to the Underwriters for any reason not permitted under this Agreement, (c) the Underwriters shall decline to purchase the Stock for any reason permitted under this Agreement, (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of the ...Underwriters set forth in Section 6 hereof herein is not satisfied, satisfied or (e) the sale of the Stock is not consummated because of any termination pursuant to Section 10 hereof or because of any (i) the refusal, inability or failure on the part of the Company to perform any agreement herein or (ii) refusal to satisfy any condition or to comply with any provision hereof other than by reason the provisions hereof, then in addition to the payment of a default by any of the Underwriters, amounts in accordance with Section 5, the Company will shall reimburse the Underwriters severally through for the Representatives on demand fees and expenses of Underwriters' counsel and for all such other out-of-pocket expenses (including reasonable fees and disbursements of counsel) that as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase and sale of the Securities. Stock, including, without limitation, travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to Cowen, provided that in no event shall the Company be obligated to reimburse the Underwriters pursuant to clauses (a), (c) or (d) in an amount in excess of $25,000 in the aggregate. If this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter provided that the foregoing shall not limit any reimbursement obligation of the Company to any non-defaulting Underwriter under this Section 9. View More
Reimbursement of Underwriters’ Expenses. If the sale of Company shall fail to tender the Offered Securities provided for herein is not consummated because any condition delivery to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because by reason of any termination pursuant to Section 10 hereof failure, refusal or because of any refusal, inability or failure on the part of the Company to perform any agreement herein on its part to be performed or comply with because any provision hereof other than by... reason of a default by any condition of the Underwriters, Underwriters' obligations hereunder required to be fulfilled by the Company will is not fulfilled, the Company shall reimburse the Underwriters severally through the Representatives on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them the Underwriters in connection with this Agreement and the proposed purchase and sale of the Securities. Offered Securities, and upon demand the Company shall pay the full amount thereof to the Representatives. Notwithstanding the preceding sentence, if this Agreement is terminated pursuant to Section 10 hereof by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of those expenses. View More
