Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 80 contracts
Sources: Underwriting Agreement (Cousins Properties Inc), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 70 contracts
Sources: Underwriting Agreement (Chubb LTD), Underwriting Agreement (ACE LTD), Underwriting Agreement (ACE LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 21 hereof shall survive such termination and remain in full force and effect.
Appears in 65 contracts
Sources: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (American Assets Trust, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 63 contracts
Sources: Underwriting Agreement (Columbia Seligman Premium Technology Growth Fund, Inc.), Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Rivernorth Opportunities Fund, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 22 hereof shall survive such termination and remain in full force and effect.
Appears in 50 contracts
Sources: Equity Distribution Agreement (Urban Edge Properties LP), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Urban Edge Properties)
Liabilities. If this Agreement is terminated pursuant to this Section 912, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11 and 8 Section 19 hereof shall survive such termination and remain in full force and effect.
Appears in 46 contracts
Sources: Equity Distribution Agreement (Zevra Therapeutics, Inc.), Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (ACRES Commercial Realty Corp.)
Liabilities. If this Agreement is terminated pursuant to Section 9(q) or this Section 913, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11, Section 12, and 8 Section 24 hereof shall survive such termination and remain in full force and effect.
Appears in 31 contracts
Sources: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 64, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 27 contracts
Sources: Underwriting Agreement (Ventas, Inc.), Underwriting Agreement (Ventas, Inc.), Underwriting Agreement (Ventas, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.
Appears in 26 contracts
Sources: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Purchase Agreement (PennyMac Mortgage Investment Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 23 contracts
Sources: Underwriting Agreement (Horizon Global Corp), Underwriting Agreement (Spire Inc), Underwriting Agreement (Carvana Co.)
Liabilities. If this Agreement is terminated pursuant to this Section 98, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 10 shall survive such termination and remain in full force and effect.
Appears in 21 contracts
Sources: Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Senior Investment Group Inc.), Underwriting Agreement (Newcastle Investment Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 15 shall survive such termination and remain in full force and effect.
Appears in 21 contracts
Sources: Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Alliant Energy Corp), Underwriting Agreement (Interstate Power & Light Co)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 7 7, 8, 9, 13 and 8 14 hereof shall survive such termination and remain in full force and effect.
Appears in 20 contracts
Sources: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 9(b), 11, 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 18 contracts
Sources: Underwriting Agreement (ExOne Co), Underwriting Agreement (Leaf Group Ltd.), Underwriting Agreement (Aytu Biopharma, Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 17 contracts
Sources: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Spire Inc), Underwriting Agreement (Carvana Co.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 17 contracts
Sources: Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 4, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 16 contracts
Sources: Purchase Agreement (Care Capital Properties, Inc.), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15, 16 and 8 17 shall survive such termination and remain in full force and effect.
Appears in 14 contracts
Sources: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 17 and 8 18 shall survive such termination and remain in full force and effect.
Appears in 14 contracts
Sources: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Capital, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 14 contracts
Sources: Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.), Underwriting Agreement (Priority Income Fund, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 13 contracts
Sources: Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (Americold Realty Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 11, 14 and 8 15 hereof shall survive such termination and remain in full force and effect.
Appears in 13 contracts
Sources: Underwriting Agreement (Sotherly Hotels Inc.), Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (1347 Property Insurance Holdings, Inc.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 14 shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Sources: Underwriting Agreement (Telephone & Data Systems Inc /De/), Underwriting Agreement (Telephone & Data Systems Inc /De/), Underwriting Agreement (United States Cellular Corp)
Liabilities. If this Underwriting Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 9(b) and 8 14 shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Sources: Underwriting Agreement (Viacom Inc.), Underwriting Agreement (Viacom Inc.), Underwriting Agreement (Viacom Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, ; and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Sources: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and 8 22 hereof shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Sources: Underwriting Agreement (SeaSpine Holdings Corp), Underwriting Agreement (SeaSpine Holdings Corp), Underwriting Agreement (SeaSpine Holdings Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 911, such termination shall be without liability of any party to any other party except as provided in Section 4 7(l) hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 15, 69, 7 10, 14 and 8 16 hereof shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Sources: Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15, 16 and 8 17 hereof shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Sources: Underwriting Agreement (MP Materials Corp. / DE), Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Blue Bird Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 13 shall survive such termination and remain in full force and effect.
Appears in 12 contracts
Sources: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Capital Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 911, such termination shall be without liability of any party to any other party except as provided in Section 4 7(h) hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 9, 10, 16, 17 and 8 18 hereof shall survive such termination and remain in full force and effect.
Appears in 11 contracts
Sources: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Liabilities. If this Underwriting Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 11 contracts
Sources: Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Triumph Bancorp, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that further, Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.
Appears in 11 contracts
Sources: Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 3, 5, 6, 7 7, 8, 9, 11, 12, 13 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 10 contracts
Sources: Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 13, 14, 15, 16, 17, 18 and 8 21 shall survive such termination and remain in full force and effect.
Appears in 10 contracts
Sources: Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 16, 18, 19 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 9 contracts
Sources: Underwriting Agreement (Northwest Natural Holding Co), Underwriting Agreement (BOSTON OMAHA Corp), Underwriting Agreement (Northwest Natural Holding Co)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 15 shall survive such termination and remain in full force and effect.
Appears in 9 contracts
Sources: Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 14, 6, 7 7, 8 and 8 13 hereof shall survive such termination and remain in full force and effect.
Appears in 9 contracts
Sources: Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 912, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof8, and provided further that except that, in the case of any termination of this Agreement, Sections 15, 68 10, 7 11 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 9 contracts
Sources: Equity Distribution Agreement (Cocrystal Pharma, Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 16, 18, 19 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, and 8 11 through 20 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 11 and 8 13 through 19 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (THL Credit, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 17 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 16 and 8 18 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (Gabelli Dividend & Income Trust), Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 4, 6, 7 7, 8, 12, 13, 14, 15, 16 and 8 18 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income Reit), Underwriting Agreement (Select Income Reit)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 9 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch & Co Inc)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 11 and 8 14 through 20 hereof shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Debt Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.), Debt Underwriting Agreement (THL Credit, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections Section 1, Section 6, 7 Section 7, Section 8, Section 11, Section 12 and 8 Section 13 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 7 7, 8 and 8 15 shall survive such termination and remain in full force and effect.
Appears in 8 contracts
Sources: Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co), Underwriting Agreement (Interstate Power & Light Co)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 13 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (Zumiez Inc), Underwriting Agreement (Zumiez Inc), Underwriting Agreement (Panhandle Eastern Pipe Line Co Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 17 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9Section, such termination shall be without liability of any party to any other party except as provided in Section 4 hereofparty; provided, and provided further further, that Sections 1, 6, 7 8 and 8 10 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (Evoke Pharma Inc), Underwriting Agreement (Spherix Inc), Underwriting Agreement (Spherix Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 16, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 98, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 11 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (Rithm Property Trust Inc.), Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, and 8 12 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (Evergreen Global Dividend Opportunity Fund), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Eaton Vance Tax-Managed Global Diversified Equity Income Fund)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1, 67, 7 8, 9, 12, 13 and 8 14 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 912, such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 15, 610, 7 11 and 8 20 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15, 16 and 8 17 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (Montrose Environmental Group, Inc.), Underwriting Agreement (Montrose Environmental Group, Inc.), Underwriting Agreement (Maxeon Solar Technologies, Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14, 15,16 and 8 17 shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 2, Section 7, Section 8 and 8 Section 18 hereof shall survive such termination and remain in full force and effect.
Appears in 7 contracts
Sources: Equity Distribution Agreement (Golar LNG Partners LP), Equity Distribution Agreement (SemGroup Corp), Equity Distribution Agreement (Antero Midstream Partners LP)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof, and provided further that Sections 1, 62, 7 7, 8, 9, 12, 13 and 8 14 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Alcentra Capital Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 13, 14, 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 12 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Placement Agency Agreement (Tortoise Energy Capital Corp), Purchase Agreement (Tortoise Energy Infrastructure Corp), Placement Agency Agreement (Tortoise Energy Capital Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 11 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 4, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and 8 22 hereof shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 14 and 8 15 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, hereof and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 16, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 16 hereof shall survive such termination and remain in full force and effect and except that, in the case of the termination of the obligations of the several Underwriters to purchase any Option Securities on an Option Closing Date which occurs after the Closing Date, this Agreement shall otherwise survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 4(b) hereof, and provided further that Sections 1, 6, 6 and 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (Caterpillar Financial Services Corp), Underwriting Agreement (Caterpillar Financial Services Corp), Underwriting Agreement (Caterpillar Financial Services Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 911, such termination shall be without liability of any party to any other party except as otherwise provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effectherein.
Appears in 6 contracts
Sources: Underwriting Agreement (iQIYI, Inc.), Underwriting Agreement (KE Holdings Inc.), Underwriting Agreement (KE Holdings Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 912, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof8, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11 and 8 Section 19 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Equity Distribution Agreement (Ellington Residential Mortgage REIT), Equity Distribution Agreement (Ellington Financial Inc.), Equity Distribution Agreement (Ellington Financial Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 67, 7 8 and 8 9 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Purchase Agreement (Coherent Inc), Purchase Agreement (EPL Intermediate, Inc.), Underwriting Agreement (Radian Group Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, 5 hereof and provided further except that Sections 1, 6, 7 8 and 8 9 hereof shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Sources: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (ACRES Commercial Realty Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further provided, further, that Sections 1, 6, 7 7, 8, 9 and 8 14 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 6, 7 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20 and 8 21 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (Enstar Group LTD), Underwriting Agreement (Enstar Group LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 912, such termination shall be without liability of any party to any other party except as party; provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof; and provided, and provided further further, that Sections 12, 67, 7 8 and 8 9 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further except that Sections 1, 3, 5, 6, 7 7, 8, 9, 11, 12 and 8 13 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Property Group Inc.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 13 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Underwriting Agreement (Reckson Operating Partnership Lp), Underwriting Agreement (Reckson Associates Realty Corp), Underwriting Agreement (Reckson Operating Partnership Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, 5 hereof and provided further except that Sections 1, 6, 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Sources: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 6 and 7 and 8 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Cytec Industries Inc/De/), Underwriting Agreement (Cytec Industries Inc/De/), Underwriting Agreement (Cytec Industries Inc/De/)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 3 hereof, and provided further that Sections Section 1, Section 6, Section 7 and Section 8 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Archrock Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.)
Liabilities. If this Underwriting Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 and this paragraph 9(b) shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Viacom Inc), Underwriting Agreement (Viacom Inc), Underwriting Agreement (Viacom Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 11, 12, 13, 15, 17, 18 and 8 19 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 912, such termination shall be without liability of any party to any other party except as provided in Section 4 Sections 2 and 8 hereof, and provided further that Sections 1except that, 6in the case of any termination of this Agreement, 7 Section 5, Section 10, Section 11 and 8 Section 19 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Equity Distribution Agreement, Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 4, 6, 7 7, 8, 13, 15, 16, 17 and 8 19 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT), Purchase Agreement (Government Properties Income Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15, 16 and 8 17 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Ipsco Tubulars Inc), Underwriting Agreement (CNX Coal Resources LP), Underwriting Agreement (Fortress Investment Group LLC)
Liabilities. If this Agreement is terminated pursuant to this Section 910, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, 5 hereof and provided further except that Sections 17, 68, 7 9, 15, 17, 19 and 8 21 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Angel Oak Mortgage REIT, Inc.), Underwriting Agreement (Angel Oak Mortgage REIT, Inc.), Underwriting Agreement (Angel Oak Mortgage, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 9(b), 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Misonix Inc), Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (ALKALINE WATER Co INC)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8 and 8 12 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Dreyfus Alcentra Global Credit Income 2024 Target Term Fund, Inc.), Underwriting Agreement (Nuveen Preferred & Income 2022 Term Fund), Underwriting Agreement (Nuveen Energy MLP Total Return Fund)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 17 hereof shall survive such termination and remain in full force and effect and except that, in the case of the termination of the obligations of the several Underwriters to purchase any Option Securities on an Option Closing Date which occurs after the Closing Date, this Agreement shall otherwise survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 13 and 8 15 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Public Service Enterprise Group Inc), Underwriting Agreement (Public Service Enterprise Group Inc), Underwriting Agreement (Public Service Enterprise Group Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15 and 8 16 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (NephroGenex, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 7 hereof, and provided further that Sections 12, 65(k), 7 8 and 8 11 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that except that, in the case of any termination of this Agreement, Sections 1, 6, 7 7, 8 and 8 17 hereof shall survive such termination and remain in full force and effect and except that, in the case of the termination of the obligations of the several Underwriters to purchase any Option Securities on an Option Closing Date that occurs after the Closing Date, this Agreement shall otherwise survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (QR Energy, LP), Underwriting Agreement (QR Energy, LP), Underwriting Agreement (QR Energy, LP)
Liabilities. If this Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 7, 8, 15, 16, 17 and 8 18 shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Sources: Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.)
Liabilities. If this Agreement or the applicable Terms Agreement is terminated pursuant to this Section 9, such termination shall be without liability of any party to any other party except as provided in Section 4 hereof, and provided further that Sections 1, 6, 7 and 8 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Sources: Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Chateau Communities Inc), Underwriting Agreement (Merrill Lynch & Co Inc)