Common use of Appointment of Qualified Independent Underwriter Clause in Contracts

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 3 contracts

Samples: Purchase Agreement (FMC Technologies Inc), Community Health Systems Inc/, FMC Technologies Inc

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Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter.".

Appears in 3 contracts

Samples: Purchase Agreement (Pantry Inc), Purchase Agreement (Endurance Specialty Holdings LTD), Wesley Jessen Visioncare Inc

Appointment of Qualified Independent Underwriter. The Company and the Selling Stockholders hereby confirms its confirm their engagement of Xxxxxxx Xxxxx Xxxxxxxx as, and Xxxxxxx Xxxxx Xxxxxxxx hereby confirms its agreement with the Company and the Selling Stockholders to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxXxxxx Xxxxxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter.".

Appears in 2 contracts

Samples: Purchase Agreement (Oriental Financial Group Inc), Purchase Agreement (Oriental Financial Group Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx BancBoston Robexxxxx Xxxpxxxx Xxx. as, and Xxxxxxx Xxxxx BancBoston Robexxxxx Xxxpxxxx Xxx. hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. NASD with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxBancBoston Robexxxxx Xxxpxxxx Xxx., solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 2 contracts

Samples: Purchase Agreement (Aether Systems Inc), Purchase Agreement (Aether Systems Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. (the “NASD”) with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 2 contracts

Samples: Purchase Agreement (Supervalu Inc), Purchase Agreement (Supervalu Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 2 contracts

Samples: Purchase Agreement (Macquarie Infrastructure CO LLC), Heritage Property Investment Trust Inc

Appointment of Qualified Independent Underwriter. The Company and the Selling Shareholders hereby confirms its confirm their engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company and the Selling Shareholders to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. NASD with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 2 contracts

Samples: Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services Corp)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter.".

Appears in 2 contracts

Samples: Sonic Automotive Inc, Sonic Automotive Inc

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 2 contracts

Samples: Purchase Agreement (Usi Holdings Corp), Purchase Agreement (Usi Holdings Corp)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx asMerrxxx Xxxcx xx, and Xxxxxxx Xxxxx hereby Merrxxx Xxxcx xxxeby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. (the "NASD") with respect to the offering and sale of the U.S. International Securities. Xxxxxxx XxxxxMerrxxx Xxxcx, solely xxlely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Purchase Agreement (Edison Schools Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx Mxxxxxx Lxxxx as, and Xxxxxxx Xxxxx Mxxxxxx Lxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. Inc., without compensation, with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxMxxxxxx Lxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Purchase Agreement (Whiting Petroleum Corp)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx Xxxxxx Inc. as, and Xxxxxxx Xxxxx Xxxxxx Inc. hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxXxxxx Xxxxxx Inc., solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".]

Appears in 1 contract

Samples: International Purchase Agreement (Rayovac Corp)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx asMerrxxx Xxxcx xx, and Xxxxxxx Xxxxx hereby Merrxxx Xxxcx xxxeby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. NASD with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxMerrxxx Xxxcx, solely xxlely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Infinity Broadcasting Corp /De/

Appointment of Qualified Independent Underwriter. The Company hereby confirms its their engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 5121 of the Financial Industry Regulatory Authority, Inc. Conduct Rules of the National Association of Securities Dealers, Inc. (“Rule 5121”) with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter"“QIU.

Appears in 1 contract

Samples: Underwriting Agreement (Berry Plastics Group Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx asXXXXXXXXX & COMPANY, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, INC. as a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxXXXXXXXXX & Company, Inc. solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent UnderwriterINDEPENDENT UNDERWRITER".

Appears in 1 contract

Samples: Underwriting Agreement (MGM Mirage)

Appointment of Qualified Independent Underwriter. The Company and the Selling Shareholders hereby confirms its confirm their engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company and the Selling Shareholders to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Of Purchase Agreement (Kbw, Inc.)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxx Xxxxxxx Xxxxx & Co. Incorporated as, and Xxxxxx Xxxxxxx Xxxxx & Co. Incorporated hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. Financial Industry Regulatory Authority with respect to the offering and sale of the U.S. Securities. Xxxxxx Xxxxxxx Xxxxx& Co. Incorporated, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Underwriting Agreement (Tyson Foods Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 5121 of the Financial Industry Regulatory Authority, Inc. Conduct Rules of the National Association of Securities Dealers, Inc. (“Rule 5121”) with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter"“QIU.

Appears in 1 contract

Samples: Underwriting Agreement (VWR Corp)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its their engagement of Xxxxxx Xxxxxxx Xxxxx & Co. LLC as, and Xxxxxx Xxxxxxx Xxxxx & Co. LLC hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of FINRA Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. 5121 (“Rule 5121”) with respect to the offering and sale of the U.S. Securities. Xxxxxx Xxxxxxx Xxxxx& Co. LLC, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter"“QIU.

Appears in 1 contract

Samples: Underwriting Agreement (SciPlay Corp)

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Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx asMerrxxx Xxxcx xx, and Xxxxxxx Xxxxx hereby Merrxxx Xxxcx xxxeby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxMerrxxx Xxxcx, solely xxlely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter.".

Appears in 1 contract

Samples: Iasis Healthcare Corp

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. Inc., without compensation, with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Purchase Agreement (Whiting Petroleum Corp)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its their engagement of Xxxxxxx Xxxxx the Underwriter as, and Xxxxxxx Xxxxx the Underwriter hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxThe Underwriter, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Underwriting Agreement (Lakeland Bancorp Inc)

Appointment of Qualified Independent Underwriter. The Company and each Selling Shareholder, severally and not jointly, hereby confirms its confirm their engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company and the Selling Shareholders to render services as, a "qualified independent underwriter" within the meaning of FINRA’s NASD Conduct Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Underwriting Agreement (Safety-Kleen, Inc)

Appointment of Qualified Independent Underwriter. The Company and the Selling Stockholders hereby confirms its confirm their engagement of Xxxxxxx Xxxxx & Company, Inc. as, and Xxxxxxx Xxxxx & Company, Inc. hereby confirms its agreement with the Company and the Selling Stockholder(s) to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx& Company, Inc., solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Purchase Agreement (Nextest Systems Corp)

Appointment of Qualified Independent Underwriter. The Trust and the Company hereby confirms its confirm their engagement of Xxxxxxx Xxxxx asMerrxxx Xxxcx xx, and Xxxxxxx Xxxxx hereby Merrxxx Xxxcx xxxeby confirms its their agreement with the Trust and the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. (the "NASD") with respect to the offering and sale of the U.S. Preferred Securities. Xxxxxxx XxxxxMerrxxx Xxxcx, solely xxlely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Underwriting Agreement (Hercules Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. International Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Purchase Agreement (Community Health Systems Inc/)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx Cxxxx and Company, LLC as, and Xxxxxxx Xxxxx Cxxxx and Company, LLC hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. Financial Industry Regulatory Authority with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxCxxxx and Company, LLC, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Purchase Agreement (Mylan Inc.)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx asJxxxxxxxx & Company, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company to render services as, Inc. as a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxJxxxxxxxx & Company, Inc. solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter".

Appears in 1 contract

Samples: Underwriting Agreement (MGM Mirage)

Appointment of Qualified Independent Underwriter. The Company and the Selling Shareholder hereby confirms its confirm their engagement of Xxxxxxx Xxxxx as, and Xxxxxxx Xxxxx hereby confirms its agreement with the Company and the Selling Shareholder to render services as, a "qualified independent underwriter" within the meaning of NASD Conduct Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. adopted by FINRA (“Rule 2720”) with respect to the offering and sale of the U.S. Securities. Xxxxxxx Xxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter"“QIU.

Appears in 1 contract

Samples: Purchase Agreement (Cowen Group, Inc.)

Appointment of Qualified Independent Underwriter. The Company and the Guarantors hereby confirms its confirm their engagement of Xxxxxxx Xxxxx asMerrxxx Xxxcx xx, and Xxxxxxx Xxxxx hereby Merrxxx Xxxcx xxxeby confirms its agreement with the Company and the Guarantors to render services as, a "qualified independent underwriter" within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. ("NASD") with respect to the offering and sale of the U.S. SecuritiesSecurities and the Guarantees. Xxxxxxx XxxxxMerrxxx Xxxcx, solely xxlely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter.".

Appears in 1 contract

Samples: Purchase Agreement (Winn Dixie Stores Inc)

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Xxxxxxx Xxxxx Mxxxxxx Lxxxx as, and Xxxxxxx Xxxxx Mxxxxxx Lxxxx hereby confirms its agreement with the Company to render services as, a "qualified independent underwriter" within the meaning of NASD Conduct Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. (or any successor rule) adopted by FINRA (“Rule 2720”) with respect to the offering and sale of the U.S. Securities. Xxxxxxx XxxxxMxxxxxx Lxxxx, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the "Independent Underwriter"“QIU.

Appears in 1 contract

Samples: Underwriting Agreement (Townsquare Media, LLC)

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