Default by the Issuer. If the Issuer shall fail at the Closing Time to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party except that the provisions of Sections 1, 4, 6 and 7 hereof shall remain in full force and effect. No action taken pursuant to this Section 9 shall relieve the Issuer from liability, if any, in respect of such default.
Appears in 1 contract
Sources: Underwriting Agreement (Ventas Inc)
Default by the Issuer. If the Issuer shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party except nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6 6, 7, 8, 15, 16, and 7 17 hereof shall remain in full force and effect. No action taken pursuant to this Section 9 11 shall relieve the Issuer from liability, if any, in respect of such default.
Appears in 1 contract
Default by the Issuer. If the Issuer shall fail at the Closing Time to sell and deliver the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any non-defaulting party except party; provided, however, that the provisions of Sections 1, 4, 6 and 7 hereof shall remain in full force and effect. No action taken pursuant to this Section 9 shall relieve the Issuer from liability, if any, in respect of such default.
Appears in 1 contract
Sources: Purchase Agreement (Ventas Inc)