Authority of Representatives. In all dealings hereunder, the Representatives of the Underwriters of the Designated Securities shall act on behalf of each of such Underwriters, and the parties hereto shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by such Representatives jointly or by such of the Representatives, if any, as may be designated for such purpose in the Pricing Agreement.
Authority of Representatives. 2.1.1 The representatives selected by each party shall have the necessary power and authority to bargain, to present data, to exchange points of view, and to make and accept proposals and counterproposals, to sign tentative agreements, and to recommend acceptance of agreements.
Authority of Representatives. The Parties’ designated representatives shall have authority to act for their respective principals in all technical matters relating to performance of this Agreement and to attempt to resolve disputes or potential disputes. However, they shall not have the authority to amend or modify any provision of this Agreement.
Authority of Representatives. Any action by the Underwriters hereunder may be taken by the Representatives on behalf of the Underwriters, and any such action taken by the Representatives shall be binding upon the Underwriters.
Authority of Representatives. We authorize you to execute and deliver a purchase agreement and any amendment or supplement thereto and any associated Terms Agreement or other similar agreement (collectively, the "Purchase Agreement") on our behalf with the Issuer and/or any selling securityholder with respect to the Securities in such form as you determine. We will be bound by all terms of the Purchase Agreement as executed. We understand that changes may be made in those who are to be Underwriters, and in the amount of Securities to be purchased by them, but the amount of Securities to be purchased by us in accordance with the terms of this Agreement, including the maximum amount of Option Securities, if any, which we may become obligated to purchase by reason of the exercise of any over-allotment option provided in the Purchase Agreement, shall not be changed without our consent except as provided in the Purchase Agreement. As Representatives of the Underwriters, you are authorized to take such action as you deem necessary or advisable to carry out this Agreement, the Purchase Agreement, and the purchase and sale of the Securities, and to agree to any waiver or modification of any provision of the Purchase Agreement. To the extent applicable, you are also authorized to determine (i) the amount of Option Securities, if any, to be purchased by the Underwriters pursuant to any over-allotment option and (ii) with respect to offerings using 430A Pricing, the initial offering price and the price at which the Securities are to be purchased in accordance with the Purchase Agreement. It is understood and agreed that Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated may act on behalf of all Representatives.
Authority of Representatives. Any action by the Underwriters hereunder may be taken by X.X. Xxxxxx Securities LLC, Barclays Capital Inc. and Xxxxxx Xxxxxxx & Co. LLC on behalf of the Underwriters, and any such action taken by X.X. Xxxxxx Securities LLC, Barclays Capital Inc. and Xxxxxx Xxxxxxx & Co. LLC shall be binding upon the Underwriters.
Authority of Representatives. Each Party’s primary and alternate representatives shall be authorized to take action for and speak on behalf of the Party.
Authority of Representatives. In connection with this Agreement, the Representatives will act for and on behalf of the several Underwriters, and any action taken under this Agreement by the Representatives will be binding on all the Underwriters, and any action taken under this Agreement by any of the Attorneys-in-Fact will be binding on all of the Selling Stockholders.
Authority of Representatives. Each person executing this Agreement represents and warrants that each has full authority to enter into this Agreement on behalf of his/her company, and that each has been delegated the authority to bind his/her company in this Agreement.
Authority of Representatives. Any action by the Underwriters hereunder may be taken by the Representatives on behalf of the Underwriters, and any such action taken by the Representatives shall be binding upon the Underwriters. If the foregoing is in accordance with your understanding, please indicate your acceptance of this Agreement by signing in the space provided below. Very truly yours, KALA PHARMACEUTICALS, INC. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Chief Financial Officer Accepted: As of the date first written above X.X. XXXXXX SECURITIES LLC XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED JEFFERIES LLC For themselves and on behalf of the several Underwriters listed in Schedule 1 hereto. X.X. Xxxxxx Securities LLC By: /s/ Xxxxx Ke Name: Xxxxx Ke Title: Executive Director Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director Jefferies LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President Schedule 1 Underwriter Number of Shares X.X. Xxxxxx Securities LLC 2,625,000 Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated 1,875,000 Jefferies LLC 1,500,000 Cantor Xxxxxxxxxx & Co. 750,000 Wedbush Securities Inc. 450,000 Xxxxxxxxxxx & Co. Inc. 300,000 Total 7,500,000 Annex A
