Common use of CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS Clause in Contracts

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Closing Date, 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 18 contracts

Samples: Underwriting Agreement (Welltower Inc.), Underwriting Agreement (Welltower Inc.), Underwriting Agreement (Welltower Inc.)

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CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Applicable Time or the 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 17 contracts

Samples: Underwriting Agreement (Timken Co), Underwriting Agreement (Timken Co), Underwriting Agreement (Packaging Corp of America)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase the Notes on at the Closing Date Time are subject to the accuracy, as of the date hereof, as of the Applicable Time or the Closing DateTime, as the case may be, of the representations and warranties of the Company contained hereinin Section 1 or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, and to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the date hereof, as the Applicable Time and as of the Closing Date, of the representations and warranties of the Company and the Guarantor contained herein, and to the performance by each of the Company and the Guarantor of its covenants and obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Hunt J B Transport Services Inc), Underwriting Agreement (J.B. Hunt Transport, Inc.), Underwriting Agreement (J.B. Hunt Transport, Inc.)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the date hereof, as of the Applicable Time and as of the Closing Date, 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 (Flowers Foods Inc), Underwriting Agreement (Flowers Foods Inc), Underwriting Agreement (Flowers Foods Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase and pay for the Notes on the Closing Date Shares as provided herein are subject to the accuracy, as of the date hereof, as of the Closing Date and as of each Option Closing Date, of the representations and warranties of each of the Company and the Selling Stockholder contained herein, and to the timely performance by each of the Company and the Selling Stockholder of its covenants and their obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Conns Inc), Underwriting Agreement (Conns Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Closing Date and as of the Option Closing Date, 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 their obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Ixys Corp /De/), Underwriting Agreement (Ixys Corp /De/)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes on the Closing Date hereunder are subject to the accuracy, as of the Applicable Time and the 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 (Tanzanian Gold Corp), Underwriting Agreement (Tanzanian Gold Corp)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase and pay for the Notes on the Closing Date Shares which they have agreed to purchase hereunder are subject to the accuracyaccuracy (as of the date hereof, and as of the Closing Date, Dates) of and compliance with the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder hereunder, and to the following additional conditions:

Appears in 2 contracts

Samples: Neotherapeutics Inc, Ursus Telecom Corp

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Securities on the Closing Date are subject to the accuracy, as of the Applicable Time and as of the Closing Date, of the representations and warranties of the Company Company, INVH and the Co-Guarantors contained herein, and to the performance by the Company Company, INVH and the Co-Guarantors of its their respective covenants and obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Invitation Homes Inc.), Invitation Homes Inc.

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Securities on the Closing Date are subject to the accuracy, as of the Closing Date, Date 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 (Scynexis Inc), Equity Underwriting Agreement (Scynexis Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Shares on the Closing Date are subject to the accuracy, as of the Applicable Time and the 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 (Catalyst Biosciences, Inc.), Equity Underwriting Agreement (Scorpio Bulkers Inc.)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Closing Date, 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 their respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Bank of the Ozarks Inc), Underwriting Agreement (Bank of the Ozarks Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Shares on the Closing Date are subject to the accuracy, as of the Applicable Time and the Closing Date, Date 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: Equity Underwriting Agreement (Solutia Inc), Equity Underwriting Agreement (Solutia Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Applicable Time or the Closing Date, as the case may be, and, if applicable, at the additional time of purchase, 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 (Paragon Shipping Inc.)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Shares on the Closing Date are subject to the accuracy, as of the Applicable Time or the 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: Star Bulk Carriers Corp.

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase and pay for the Notes on the Closing Date are Shares, as provided herein, shall be subject to the accuracy, as of the date hereof and as of the Closing Date (and, if applicable, each Option Closing Date), 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 hereunder, and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Quest Resource Corp)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of --------------------------------------------- the Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Closing Date, 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 (Rushmore Financial Group Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations obligation of the Underwriters to purchase the Notes Firm Securities on the Closing Date are subject to or the accuracy, as of Additional Securities on the Additional Closing Date, of as the representations and warranties of the Company contained hereincase may be, and as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Affymetrix Inc

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CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Closing Date and as of the Option Closing Date, 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 covenants and their obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Ixys Corp /De/)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase the Notes on the Closing Date hereunder are subject to the accuracy, as of when made and on the Applicable Time, on the Closing Date and each Additional Closing Date, of the representations and warranties of the Company contained herein, and to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its covenants and obligations hereunder hereunder, and to each of the following additional terms and conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Ym Biosciences Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the several Underwriters to purchase and pay for the Notes on the Closing Date Shares as provided herein are subject to the accuracy, as of the Closing Date and as of the Option Closing Date, of the representations and warranties and agreements of the Company and the Selling Stockholders contained herein, herein and to the performance by the Company and the Selling Stockholders of its covenants and their obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Pam Transportation Services Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations obligation of the several Underwriters to purchase the Notes Securities on the Closing Date are is subject to the accuracy, as of the Closing Date, Date 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 (Franklin Bank Corp)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase and pay for the Notes on the Closing Date are subject to the accuracy, accuracy in all material respects as of the Closing Date, Date of the representations and warranties of the Company Company, CPS, Xxxx and Xxxxx contained herein, and to the performance by the Company Company, CPS, Xxxx and Xxxxx of its their respective covenants and obligations hereunder and to the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Consumer Portfolio Services Inc

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes on the Closing Date are subject to the accuracy, as of the Closing Date, of the representations and warranties of the Company and the Selling Stockholders 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 (Hain Food Group Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Securities on the Closing Date and each Date of Delivery are subject to the accuracy, as of the Closing DateDate or such Date of Delivery, as the case may be, of the representations and warranties of the Company Transaction Entities contained herein, and to the performance by the Company Transaction Entities of its their covenants and obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Welltower Inc.)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Underwritten Securities and the Option Securities, as the case may be, on the Closing Date and any Option Closing Date are subject to the accuracy, as of the Closing Date and any Option Closing Date, as applicable, 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 1 contract

Samples: Equity Underwriting Agreement (Scynexis Inc)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Firm Notes on the Firm Notes Closing Date and the Optional Notes, if any, on the Optional Notes Closing Date are subject to the accuracy, as each of the Closing Date, 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

Samples: Coeur D Alene Mines Corp

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Shares on the Closing Date are subject to the accuracy, as of the Applicable Time and the Closing Date, of the representations and warranties of the Company contained hereinherein in all material respects (except for those representations and warranties of the Company contained herein which are qualified by materiality, in which case such representations and warranties shall be accurate in all respects), and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Smith & Wesson Holding Corp

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Securities on the Closing Date are subject to the accuracy, as of the Closing Date, 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 1 contract

Samples: Underwriting Agreement (XOMA Corp)

CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS. The several obligations of the Underwriters to purchase the Notes Shares on the Closing Date are subject to the accuracy, accuracy as of the Closing Date, Date 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

Samples: Glimcher Realty Trust

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