CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Closing Date and the Option Securities, if any, on each Option Closing Date are subject to the accuracy, as of the Closing Date and each Option Closing Date, if any, of the representations and warranties of the Issuer contained herein, and to the performance by the Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 15 contracts
Samples: Equity Underwriting Agreement (Agile Therapeutics Inc), Equity Underwriting Agreement (Clearside Biomedical, Inc.), Underwriting Agreement (Acer Therapeutics Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 13 contracts
Samples: Underwriting Agreement (Lumera Corp), Underwriting Agreement (GMX Resources Inc), Underwriting Agreement (GMX Resources Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Units on the Closing Date and the Option SecuritiesUnits, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (Grubb & Ellis Realty Advisors, Inc.), Underwriting Agreement (Boomerang Holdings, Inc.), Underwriting Agreement (Grubb & Ellis Realty Advisors, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (Radyne Comstream Inc), Radyne Comstream Inc, Radyne Comstream Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Unitil Corp, Unitil Corp, Equity Underwriting Agreement (Unitil Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Preferred Securities on the First Closing Date and the Option Securities, if any, Preferred Securities on each Option the Second Closing Date are subject to the accuracy, as of the Closing Date and each Option Closing Date, if any, of the condition that all representations and warranties of the Issuer Offerors contained hereinherein are true and correct, at and as of the First Closing Date or the Second Closing Date, as the case may be, and to the performance by the Issuer condition that each Offeror shall have performed all of its covenants and obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Chapman And (Spectrum Capital Trust I), Underwriting Agreement (Team Financial Capital Trust I), Merger Agreement (Spectrum Capital Trust Ii)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Ichor Holdings, Ltd.), Underwriting Agreement (Ichor Holdings, Ltd.), Underwriting Agreement (Preferred Apartment Communities Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Advisors contained herein, and to the performance by the Issuer Company and the Advisors of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (First Trust Tax-Advantaged Preferred Income Fund), Underwriting Agreement (First Trust Strategic High Income Fund Ii), Underwriting Agreement (First Trust Strategic High Income Fund Iii)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Units on the Closing Date and the Option SecuritiesUnits, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Agreement (Imageware Systems Inc), Taser International Inc, Imageware Software Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are is subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 4 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracyaccuracy in all material respects, as of the Applicable Time, the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance in all material respects by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Equity Underwriting Agreement (TerraForm Power, Inc.), Equity Underwriting Agreement (SunEdison Semiconductor Pte. Ltd.), Equity Underwriting Agreement (Sunedison, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the First Closing Date and the Option SecuritiesShares, if any, on each any Option Closing Date are subject to the accuracy, as of the Closing Date Applicable Time and each Option the applicable Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (CorMedix Inc.), Underwriting Agreement (Anthera Pharmaceuticals Inc), Underwriting Agreement (Anthera Pharmaceuticals Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of each of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Philadelphia Suburban Corp), Philadelphia Suburban Corp, Aqua America Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer 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 3 contracts
Samples: Equity Underwriting Agreement (Pinnacle Entertainment Inc), Equity Underwriting Agreement (Pinnacle Entertainment Inc), Wynn Resorts LTD
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Selling Stockholders contained herein, and to the performance by the Issuer Company and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Pulaski Financial Corp), Deckers Outdoor Corp, Deckers Outdoor Corp
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Advisor contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: RMR Hospitality & Real Estate Fund, RMR Preferred Dividend Fund, RMR F.I.R.E. Fund
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Guarantors contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (B&g Foods Holdings Corp), Polaner Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and the Selling Shareholders contained herein, and to the performance by the Issuer Company and the Selling Shareholders of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (GTCR Fund Vii Lp), Underwriting Agreement (Syniverse Technologies Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each Option Closing Date are subject to the accuracy, as of the Closing Date and each such Option Closing Date, if any, of the representations and warranties of the Issuer contained herein, and to the performance by the Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (CNB Financial Corp/Pa), Underwriting Agreement (Community Bank System Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase the Firm Securities Units on the Closing Date and the Option SecuritiesUnits, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Microhelix Inc), Data Conversion Laboratory
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company in all material respects, of its 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and the Principal Stockholder contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Netobjects Inc, Netobjects Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer and the Selling Stockholder contained herein, and to the performance by the Issuer and the Selling Stockholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Ram Energy Resources Inc), Underwriting Agreement (Ram Energy Resources Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and the Operating Partnership contained herein, and to the performance by the Issuer them of its their covenants and obligations hereunder and to the following additional conditionsconclusions:
Appears in 2 contracts
Samples: Underwriting Agreement (First Washington Realty Trust Inc), First Washington Realty Trust Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:.
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Wintrust Financial Corp), Wintrust Financial Corp
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer contained hereinCompany, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Fluidigm Corp), Underwriting Agreement (Fluidigm Corp)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the First Closing Date and the Option Securities, if any, on each any Option Closing Date are subject to the accuracy, as of the Closing Date Applicable Time and each Option the applicable Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (CorMedix Inc.), Equity Underwriting Agreement (Anthera Pharmaceuticals Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesOptional Shares, if any, on each the Option Closing Date are subject to the accuracyaccuracy in all material respects, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company in all material respects of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Cornerstone Realty Income Trust Inc), Underwriting Agreement (Cornerstone Realty Income Trust Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Closing Date or Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Amerivest Properties Inc), Underwriting Agreement (Amerivest Properties Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several --------------------------------------------- obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date Date, are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer 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 each of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date Date, are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer 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 Securities Warrant on the Closing Date and the Option SecuritiesWarrant, if anyapplicable, on each the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and K Equity contained herein, and to the performance by the Issuer Company and K Equity 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracyaccuracy in all material respects, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and each Selling Stockholder contained herein, and to the performance by the Issuer Company and each Selling Stockholder of its their covenants and obligations hereunder in all material respects 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and Holdings contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Medcath Corp
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing 12 Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Waste Connections Inc/De
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Investment Advisor contained herein, herein and to the performance by the Issuer Company and the Investment Advisor 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Advisor contained herein, and to the performance by the Issuer Company and the Advisor of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Green Energy & Growth Fund, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each any Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date and each or any Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, in all material respects, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Selling Stockholders contained herein, and to the performance by the Issuer 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 several Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and Parent contained herein, and to the performance by the Issuer Company and Parent of its their respective covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Iturf Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and Selling Shareholder contained herein, and to the performance by the Issuer Company and Selling Shareholder of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Agreement (Dag Media Inc)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Applicable Time, and the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer 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 Securities Shares on the Closing Date and the any Option Securities, if anyShares, on each any Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date and each or such Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer Company and the Selling Stockholders contained herein, and to the performance by the Issuer Company and the Selling Stockholders 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 Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each an Option Closing Date are subject to the accuracy, as of the Closing Date and or each Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company and the Selling Shareholders contained herein, and to the performance by the Issuer Company and the Selling Shareholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Factory Card Outlet Corp
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase and pay for the Firm Securities Shares on the Closing Date and the Option SecuritiesShares, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer Company contained herein, and to the performance by the Issuer Company of its 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 Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date and each or the Option Closing Date, if anyas the case may be, of the representations and warranties of the Issuer contained hereinCompany, and to the performance by the Issuer 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 Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracy, as of the Closing Date and each the Option Closing Date, if any, of the representations and warranties of the Issuer and the Selling Stockholders contained herein, and to the performance by the Issuer and the Selling Stockholders of its their covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: U.S. Auto Parts Network, Inc.
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Firm Securities Closing Date and the Option Securities, Securities as of each Option Securities Closing Date (if any), on each Option Closing Date are subject to the accuracy, as of the each Closing Date and each Option Closing Date, if any, of the representations and warranties of the Issuer and its subsidiaries contained herein, and to the performance by the Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Novan, Inc.)
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Closing Date and the Option Securities, if any, on each the Option Closing Date are subject to the accuracycondition that all representations and warranties of the Offerors contained herein are true and correct, at and as of the Closing Date and each or the Option Closing Date, if any, of as the representations and warranties of the Issuer contained hereincase may be, and to the performance by the Issuer condition that each Offeror shall have performed all of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Old Second Bancorp Inc
CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Securities on the Firm Securities Closing Date and the Option Securities, Securities as of each Option Securities Closing Date (if any), on each Option Closing Date are subject to the accuracy, as of the each Closing Date and each Option Closing Date, if any, of the representations and warranties of the Issuer and its subsidiary contained herein, and to the performance by the Issuer of its covenants and obligations hereunder and to the following additional conditions:
Appears in 1 contract
