Common use of Sxxxxxxx-Xxxxx Compliance Clause in Contracts

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable to the Company or its directors or officers in their capacities as directors or officers of the Company.

Appears in 9 contracts

Samples: Equity Distribution Agreement (InspireMD, Inc.), Sales Agreement (Larimar Therapeutics, Inc.), Equity Distribution Agreement (Co-Diagnostics, Inc.)

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Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 9 contracts

Samples: Purchase Agreement (Jakks Pacific Inc), Purchase Agreement (Jakks Pacific Inc), Underwriting Agreement (RPM International Inc/De/)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, Transaction Entities and any of the Company’s directors trustees or the Transaction Entities’ officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any provision provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable to the Company or its directors or officers in their capacities as directors or officers of the CompanyCompany as of the date of this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Eloxx Pharmaceuticals, Inc.), Securities Purchase Agreement (Sonendo, Inc.), Securities Purchase Agreement (Sonendo, Inc.)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company orand, to the knowledge best of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”) in any material respect, including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

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

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure in any material respect on the part of the Company or, to the knowledge of the Company, and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

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

Sxxxxxxx-Xxxxx Compliance. There Other than late Section 16 filings, there is and has been no failure on the part of the Company or, to the knowledge of the Company, and any of the Company’s 's directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the "Sxxxxxxx-Xxxxx Act"), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Parkway Properties Inc)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company orand, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), that are currently applicable to the Company or its directors or officers in their capacities as directors or officers of the Companyincluding Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Archemix Corp.), Underwriting Agreement (Archemix Corp.)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge or any of the Company, its subsidiaries or any of the Company’s their respective directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans.

Appears in 2 contracts

Samples: Global Traffic Network, Inc., Global Traffic Network, Inc.

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, and any of the Company’s 's directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable to (the Company or its directors or officers in their capacities as directors or officers of the Company"Sxxxxxxx-Xxxxx Act"), except where such failure would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Alpharma Inc

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, the Guarantors or any of the Company’s their respective directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Helix Energy Solutions Group Inc

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable therewith, including Section 402 relating to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 relating to certifications.

Appears in 1 contract

Samples: Baker Hughes a GE Co

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable therewith, including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Cboe Global Markets, Inc.)

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Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, and any of the Company’s 's directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the "Sxxxxxxx-Xxxxx Act"), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Sovran Self Storage Inc)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure in any material respect on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, officers in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Purchase Agreement (RPM International Inc/De/)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply (i) in all respects with any provision Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act of 2002 and (together with the rules and regulations promulgated in connection therewith that are applicable therewith, the “Sxxxxxxx-Xxxxx Act”) and (ii) in all material respects with any other provision thereof, including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans.

Appears in 1 contract

Samples: Underwriting Agreement (Flir Systems Inc)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable to the Company or its directors or officers in their capacities as directors or officers of the Company.

Appears in 1 contract

Samples: Equity Distribution Agreement (U.S. Well Services, Inc.)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all materials respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable to the Company or its directors or officers in their capacities as directors or officers of the Company.

Appears in 1 contract

Samples: Equity Distribution Agreement (Cellectar Biosciences, Inc.)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company orCompany, and to the knowledge of the Company's knowledge, any of the Company’s 's directors or officers, in their capacities as such, to comply with any provision the provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable to the Company or its directors or officers in their capacities as directors or officers of the Companytherewith.

Appears in 1 contract

Samples: Securities Purchase Agreement (RECP IV Cite CMBS Equity, L.P.)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company orand, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Placement Agent Agreement (Dendreon Corp)

Sxxxxxxx-Xxxxx Compliance. There is and has been no failure on the part of the Company orand, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith that are applicable (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to the Company or its directors or officers in their capacities as directors or officers of the Companyloans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

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