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 (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 Representatives. 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 Sections 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 by the Company 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 for all documented fees and out-of-pocket expenses (including reasonable fees of Underwriters' counsel and disbursements of counsel) that for such other documented out-of-pocket expenses 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, documented travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to the Representative. Notwithstanding the foregoing, the Company will have no obligation to reimburse the Underwriters for any fee or expense of Underwriters' counsel in excess of the amount that the Underwriters would otherwise pay for such fee or expense in the absence of the Company's obligations set forth in this Section 9. 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 9(m) and 9(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 Representatives. 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 or (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of th...e Underwriters set forth in Section 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 the provisions 30 hereof, then (A) prior to the Closing Date, 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 out of pocket 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, documented travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to the Representatives; and (B) after the Closing Date but prior to any Option Closing Date with respect to the purchase of any Optional Stock pursuant to a notice delivered by the Underwriters to the Company under Section 3 hereof, the Company shall reimburse the Underwriters for the reasonable and documented fees and expenses of Underwriters' counsel and for such other out-of-pocket expenses as shall have been reasonably and actually incurred by them following the Closing Date pursuant to this Agreement in connection with the proposed purchase of such Optional Stock, and upon demand the Company shall pay the full amount thereof to the Underwriters; provided that 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 further 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 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 or (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of th...e Underwriters set forth in Section 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 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 for all documented fees and out-of-pocket expenses (including reasonable fees of Underwriters' counsel and disbursements of counsel) that for such other documented out-of-pocket expenses 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, documented travel and lodging expenses of the Underwriters, and upon demand the 34 Company shall pay the full amount thereof to the Representative; provided that if this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriters, the Company shall not be required to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter; provided, further 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 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 or (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of th...e Underwriters set forth in Section 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 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 documented fees and out-of- 23 pocket expenses of Underwriters' counsel and for all such other documented 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, documented travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to the Representatives; provided that if this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriters, the Company shall not be required to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter; provided, further 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 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 or (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations of th...e Underwriters set forth in Section 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 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 for all reasonable documented fees and out-of-pocket expenses (including reasonable fees of 31 Underwriters' counsel and disbursements of counsel) that for such other documented out-of-pocket expenses 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, documented travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to the Underwriters; provided that 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 further 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 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 or (d) the sale of the Securities provided for herein Stock is not consummated because any condition to the obligations 27 of... the Underwriters set forth in Section 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 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 for all documented fees and out-of-pocket expenses (including reasonable fees of Underwriters' counsel and disbursements of counsel) that for such other documented out-of-pocket expenses 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, documented travel and lodging expenses of the Underwriters, and upon demand the Company shall pay the full amount thereof to the Representatives; provided, that 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, further, 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 the Securities Notes provided for herein is not consummated (i) because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, (ii) because of any termination of this Agreement pursuant to Section 10 hereof 9 hereof, or (iii) because of any refusal, inability or failure on the part of the Company Company, the Operating Partnership or the Manager to perform any agreement herein or comply with any provision hereof other than by reason of... a default by any of the Underwriters, hereof, the Company and the Operating Partnership, without duplication, will reimburse the Underwriters severally through the Representatives on demand for all out-of-pocket expenses (including reasonable and documented fees and disbursements of counsel) that shall have been incurred by them it in connection with the proposed purchase and sale of the Securities. Notes. View More
Reimbursement of Underwriters’ Expenses. If the sale of Company shall fail to tender the 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 condition of t...he Underwriters' obligations hereunder required to be satisfied is not satisfied (other than by reason of a default by any Underwriter) or if this Agreement is terminated upon the happening of the Underwriters, an event described in Section 7(i) or 7(j)(i) hereof pursuant to Section 10 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 incurred by them the Underwriters in connection with this Agreement and the proposed purchase and sale of the Securities. Securities, and upon demand the Company shall pay the full amount thereof to the Representatives. If this Agreement is terminated pursuant to Section 9 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