Common use of Acknowledgements of Parties Clause in Contracts

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 7, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and Prospectus as required by the Securities Act and the Exchange Act.

Appears in 108 contracts

Samples: Underwriting Agreement (Redwood Trust Inc), TTM Technologies Inc, Edutrades, Inc.

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Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 78, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 8 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and the Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 15 contracts

Samples: Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 78, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 8 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement Statement, any Preliminary Prospectus and the Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 4 contracts

Samples: Placement Agency Agreement (Majesco Entertainment Co), Placement Agency Agreement (Orckit Communications LTD), Placement Agency Agreement (Wave Systems Corp)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 75, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 5 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and Prospectus as required by the Securities Act and the Exchange Act.

Appears in 3 contracts

Samples: Placement Agency Agreement (Incara Pharmaceuticals Corp), Placement Agency Agreement (Incara Pharmaceuticals Corp), Placement Agency Agreement (Incara Pharmaceuticals Corp)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof hereof, including, without limitation, the provisions of this Section 7, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and Prospectus as required by the Securities Act and the Exchange Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Webridge Inc), Underwriting Agreement (Caldera Systems Inc)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 78, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 8 fairly allocate the risks in light of the ability of the parties to investigate the Selling Stockholder, the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and the Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Collegiate Pacific Inc), Underwriting Agreement (Blumenfeld Michael J)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 76, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 6 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and the Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Purchase Agreement (Matritech Inc/De/)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 7, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and the Prospectus as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Underwriting Agreement (Verisity LTD)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 78, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 8 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and or each Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Northern Technologies International Corp)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 7, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and Prospectus Prospectuses as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Underwriting Agreement (Opus360 Corp)

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Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 7, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement Statement, the Disclosure Package and each Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Placement Agency Agreement (China Precision Steel, Inc.)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 79, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 9 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement Statement, the Disclosure Package and the Final Prospectus as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Underwriting Agreement (Progressive Gaming International Corp)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 78, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 8 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business and the Selling Stockholders in order to assure that adequate disclosure is made in the Registration Statement Statement, the Disclosure Package and each Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Neogen Corp)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof including, without limitation, the provisions of this Section 78, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 8 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business and in order to assure that adequate disclosure is made in the Registration Statement and each Prospectus Supplement as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Collagenex Pharmaceuticals Inc)

Acknowledgements of Parties. The parties to this Agreement hereby acknowledge that they are sophisticated business persons who were represented by counsel during the negotiations regarding the provisions hereof of this Agreement including, without limitation, the provisions of this Section 7, and are fully informed regarding said provisions. They further acknowledge that the provisions of this Section 7 fairly allocate the risks in light of the ability of the parties to investigate the Company and its business in order to assure that adequate disclosure is made in the Registration Statement and Prospectus as required by the Securities Act and the Exchange Act.

Appears in 1 contract

Samples: Underwriting Agreement (Insilicon Corp)

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