CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 108 contracts
Samples: Underwriting Agreement (Health Care Reit Inc /De/), Underwriting Agreement (Health Care Reit Inc /De/), Underwriting Agreement (Health Care Reit Inc /De/)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 53 contracts
Samples: Underwriting Agreement (Chanticleer Holdings, Inc.), Underwriting Agreement (Chanticleer Holdings, Inc.), Underwriting Agreement (Chanticleer Holdings, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 49 contracts
Samples: Equity Underwriting Agreement (Scorpio Bulkers Inc.), Underwriting Agreement (SITIME Corp), Underwriting Agreement (Catalyst Biosciences, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholders contained herein, and to the performance by the Company and the Selling Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 40 contracts
Samples: Orleans Homebuilders Inc, Underwriting Agreement (Smith Gardner & Associates Inc), Registration and Stock Purchase Agreement (Philadelphia Suburban Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 37 contracts
Samples: Underwriting Agreement (Daystar Technologies Inc), Underwriting Agreement (Path 1 Network Technologies Inc), Underwriting Agreement (Icop Digital, Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 27 contracts
Samples: Equity Underwriting Agreement (Alphasmart Inc), Equity Underwriting Agreement (Inphonic Inc), Equity Underwriting Agreement (Alphasmart Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 15 contracts
Samples: Equity Underwriting Agreement (Ladder Capital Corp), Underwriting Agreement (Virgin America Inc.), Equity Underwriting Agreement (Peregrine Semiconductor Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholders contained herein, and to the performance by the Company and the Selling Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 15 contracts
Samples: Equity Underwriting Agreement (Ichor Holdings, Ltd.), Equity Underwriting Agreement (Paylocity Holding Corp), Equity Underwriting Agreement (Paylocity Holding Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Issuer contained herein, and to the performance by the Company Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 10 contracts
Samples: Equity Underwriting Agreement (Matador Resources Co), Underwriting Agreement (Endocyte Inc), Equity Underwriting Agreement (Resaca Exploitation, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholder contained herein, and to the performance by the Company and the Selling Stockholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (Foundation Building Materials, Inc.), Underwriting Agreement (Foundation Building Materials, Inc.), Underwriting Agreement (Adeptus Health Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholder contained herein, and to the performance by the Company and the Selling Shareholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Equity Underwriting Agreement (Advanced Disposal Services, Inc.), Underwriting Agreement (Del Frisco's Restaurant Group, Inc.), Equity Underwriting Agreement (Del Frisco's Restaurant Group, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholder contained herein, and to the performance by the Company and the Selling Shareholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (Ahl Services Inc), Equity Underwriting Agreement (Silgan Holdings Inc), Underwriting Agreement (Jore Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time and the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (Chelsea Therapeutics International, Ltd.), Equity Underwriting Agreement (City Ventures, Inc.), Underwriting Agreement (Inhibitex, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Equity Underwriting Agreement (Sportsmans Guide Inc), Underwriting Agreement (Pulaski Financial Corp), Underwriting Agreement (Southwestern Energy Co)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholder contained herein, and to the performance by the Company and the Selling Stockholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Skechers Usa Inc), Underwriting Agreement (Caliber Learning Network Inc), Underwriting Agreement (Triumph Group Inc /)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder (as applicable) and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (GRASSMERE ACQUISITION Corp), Underwriting Agreement (GRASSMERE ACQUISITION Corp), Underwriting Agreement (GRASSMERE ACQUISITION Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date Date, are subject to the accuracycondition that all representations and warranties of the Company contained herein are true and correct, at and as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of condition that the Company contained herein, and to the performance by the Company shall have performed all of its covenants and obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Sheldahl Inc), Advanced Uroscience Inc, Advanced Uroscience Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date Applicable Time or the Option Closing Date, as the case may be, of the representations and warranties of the Company Company, the Operating Partnership and the Selling Stockholders contained herein, and to the performance by the Company and each Selling Stockholder of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Equity Underwriting Agreement (Invitation Homes Inc.), Equity Underwriting Agreement (Invitation Homes Inc.), Equity Underwriting Agreement (Invitation Homes Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations obligation of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Secure America Acquisition CORP), Underwriting Agreement (Secure America Acquisition CORP), Underwriting Agreement (Secure America Acquisition CORP)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Careside Inc), Underwriting Agreement (Careside Inc), Careside Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time or the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Operating Partnership contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Equity Underwriting Agreement (Invitation Homes Inc.), Equity Underwriting Agreement (Ladder Capital Corp), Equity Underwriting Agreement (Invitation Homes Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholder contained herein, and to the performance by the Company and the Selling Stockholder of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (SITIME Corp), Underwriting Agreement (SITIME Corp), Underwriting Agreement (SITIME Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance in all material respects by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Trian Acquisition I Corp.), Underwriting Agreement (Trian Acquisition I Corp.), Underwriting Agreement (Trian Acquisition I Corp.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (UP Fintech Holding LTD), Underwriting Agreement (Star Bulk Carriers Corp.), Underwriting Agreement (Scorpio Bulkers Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Additional Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Syndax Pharmaceuticals Inc), Underwriting Agreement (Syndax Pharmaceuticals Inc), Underwriting Agreement (Syndax Pharmaceuticals Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the First Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or Applicable Time and the Option applicable Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Anthera Pharmaceuticals Inc), Underwriting Agreement (Anthera Pharmaceuticals Inc), Anthera Pharmaceuticals Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the an Option Closing Date are subject to the accuracy, as of the Closing Date or the such Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Share Purchase Agreement (Wynn Resorts LTD), Share Purchase Agreement (Wynn Resorts LTD)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Company, the Principal Shareholders and the Option Shareholders contained herein, and to the performance by the Company and the Option Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Jevic Transportation Inc), Underwriting Agreement (Jevic Transportation Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations --------------------------------------------- of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company or the Selling Shareholders contained herein, and to the performance by the Company or the Selling Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Boston Communications Group Inc), Underwriting Agreement (Boston Communications Group Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Operating Partnership contained herein, and to the performance by the Company and the Operating Partnership of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Ramco Gershenson Properties Trust), Equity Underwriting Agreement (Ramco Gershenson Properties Trust)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Notes on the Closing Date and the Option SharesNotes, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Health Care (Health Care Reit Inc /De/), Underwriting Agreement (Health Care Reit Inc /De/)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date Date, are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance in all material respects by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Equity Underwriting Agreement (TerraForm Power, Inc.), Equity Underwriting Agreement (TerraForm Power, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Partnership Parties and the Selling Unitholders contained herein, and to the performance by the Company Partnership Parties and the Selling Unitholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Mid-Con Energy Partners, LP), Underwriting Agreement (Mid-Con Energy Partners, LP)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date Date, are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Iteris, Inc.), Underwriting Agreement (Sensus Healthcare, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Issuer contained herein, and to the performance by the Company Issuer of its covenants and obligations hereunder and to each of the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Angiodynamics Inc), Underwriting Agreement (Angiodynamics Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations obligation of any of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the date of this Agreement and the Closing Date or and the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholders contained herein, and to the performance by of the Company of its covenants and obligations of the Company and its officers, directors and shareholders hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Amerilink Corp), Underwriting Agreement (Amerilink Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Vineyard National Bancorp, Vineyard National Bancorp
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Ameristar Casinos Inc, Ameristar Casinos Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and each of the Selling Shareholders contained herein, and to the performance by the Company and each of its the Selling Shareholders of their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Ichor Holdings, Ltd.), Equity Underwriting Agreement (Ichor Holdings, Ltd.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracyaccuracy in all material respects, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholder contained herein, and to the performance by the Company and the Selling Shareholder in all material respects, of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Lamar Advertising Co/New), Underwriting Agreement (Lamar Advertising Co/New)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date Date, are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Issuer contained herein, and to the performance in all material respects by the Company Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Principal Shareholders contained herein, and to the performance by the Company and the Principal Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Mce Companies Inc), Equity Underwriting Agreement (Mce Companies Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Operating Partnership contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Invitation Homes Inc.), Equity Underwriting Agreement (Ladder Capital Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the any Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Aquasition Corp.), Underwriting Agreement (Aquasition Corp.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the each Option Closing Date are several and not joint, and are subject to the accuracy, as of the Closing Date or the and each Option Closing Date, as the case may beif any, of the representations and warranties of the Company Issuer contained herein, herein and to the performance by the Company Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Agile Therapeutics Inc), Equity Underwriting Agreement (Agile Therapeutics Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Issuer contained herein, and to the performance by the Company Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Linn Energy, LLC), Linn Energy, LLC
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Mid-Con Parties contained herein, and to the performance by the Company Mid-Con Parties of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Mid-Con Energy Partners, LP), Underwriting Agreement (Mid-Con Energy Partners, LP)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholders contained herein, and to the performance in all material respects by the Company and the Selling Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Unica Corp, Unica Corp
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance in all material respects by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Terraform Global, Inc.), Equity Underwriting Agreement (TerraForm Power, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder to be performed prior to the Closing Date or the Option Closing Date, as the case may be, and to the following additional conditions:
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Wynn Resorts LTD), Equity Underwriting Agreement (Wynn Resorts LTD)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Operating Partnership contained herein, and to the performance by the Company and the Operating Partnership of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Ramco Gershenson Properties Trust), Equity Underwriting Agreement (Ramco Gershenson Properties Trust)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. (a) The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Company, the Founder and each of the Selling Shareholders contained herein, and to the performance by the Company and each of its the Selling Shareholders of their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Equity Underwriting Agreement (SouFun Holdings LTD)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Initial Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as each of the Closing Date or the Option Closing Date, as the case may be, of the representations following terms and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Initial Sale Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Equity Underwriting Agreement (Urstadt Biddle Properties Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Sellers contained herein, and to the performance by the Company Sellers of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the any Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the relevant Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholder contained herein, and to the performance by the Company and the Selling Shareholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholders contained herein, and to the 16 performance by the Company and the Selling Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Mobile Mini Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and Selling Stockholder contained herein, and to the performance by the Company and Selling Stockholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Dag Media Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Controlling Shareholders contained herein, and to the performance by the Company and the Controlling Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Hartford Computer Group Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as to of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholder contained herein, and to the performance by the Company and the Selling Shareholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Texas Regional Bancshares Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracyaccuracy in all material respects, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance in all material respects by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Pioneer Parties contained herein, and to the performance by the Company Partnership of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Pioneer Southwest Energy Partners L.P.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company and E-Z-EM contained herein, and to the performance by the Company and E-Z-EM of its their covenants and obligations hereunder and to each of the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Operating Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date Date, are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Company, the Operating Partnership and the Advisor contained herein, and to the performance by the Company and the Advisor of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Equity Underwriting Agreement (ZAIS Financial Corp.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Optional Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Global Eagle Entertainment Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or and the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Knot Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Partnership contained herein, and to the performance by the Company Partnership of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Pioneer Southwest Energy Partners L.P.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Manugistics Group Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters hereunder to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the each Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and are subject to the performance by the Company and the Selling Stockholder of its covenants and their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Trust contained herein, and to the performance by the Company Trust of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the each Option Closing Date are subject to the accuracy, as of the date hereof and the Closing Date or the each such Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Goodyear Tire & Rubber Co /Oh/
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the any Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the any Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholder contained herein, and to the performance by the Company and the Selling Shareholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracyaccuracy in all material respects, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company in all material respects of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Shares (Yurie Systems Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares [and the Stock Options] on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Securityholders contained herein, and to the performance by the Company and the Selling Securityholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Sylvan Learning Systems Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or and the Option Closing Date, as the case may beif any, of the representations and warranties of the Company Partnership Parties contained herein, and to the performance by the Company Partnership Parties of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Mid-Con Energy Partners, LP)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Adviser contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Gladstone Capital Corp
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase and pay for the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Daou Systems Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations --------------------------------------------- of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, and to the performance by the Company and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:on
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Trust and the Operating Partnership contained herein, and to the performance by the Company Trust and the Operating Partnership of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations --------------------------------------------- of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Fund and the Manager contained herein, and to the performance by the Company Fund and the manager of its covenants and their obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Sal Trust Preferred Fund I)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Principal Stockholder contained herein, and to the performance by the Company and the Principal Stockholder of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracyaccuracy in all material respects, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and each Seller contained herein, and to the performance by the Company and each Seller of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Securities on the Closing Date and the Option SharesSecurities, if any, on the Option Closing Date are subject to the accuracy, as of the time of each sale of the American Depositary Shares in connection with the offering (the “Applicable Time”), the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (X Financial)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Shareholders contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:the
Appears in 1 contract
Samples: Underwriting Agreement (Sipex Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the date hereof, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Goodyear Tire & Rubber Co /Oh/
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company [and the Selling Shareholders] contained herein, and to the performance by the Company [and the Selling Shareholders] of its [its] [their] covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (DSL Net Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholders contained herein, as the case may be, and to the performance by the Company and the Selling Stockholders of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company in all material aspects of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Production Group International Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares Debentures on the Closing Date and the Option SharesDebentures, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its the covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (System Software Associates Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the an Option Closing Date are subject to the accuracy, as of the Applicable Time and the Closing Date or the such Option Closing Date, as the case may be, of the representations and warranties of the Company and the Manager contained herein, and to the performance by each of the Company and the Manager of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (LoanCore Realty Trust, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company Company, the Manager and the Selling Stockholders contained herein, and to the performance by the Company Company, the Manager and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Crystal River Capital, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholder contained herein, and to the performance by the Company and the Selling Stockholder of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: United Dental Care Inc /De/
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. 13 14 The several obligations of the Underwriters to purchase the Firm Shares Units on the Closing Date and the Option SharesUnits, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Adstar Com Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Additional Shares, if any, on the Option Additional Shares Closing Date are subject to the accuracy, as of the Closing Date or the Option Additional Shares Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Sunbelt Automotive Group Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company and the Selling Stockholder contained herein, and to the performance by the Company and, in all material respects, the Selling Stockholder, of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the ------------------------------------------------------------------------------ PAGE 12 - UNDERWRITING AGREEMENT Company of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
