Common use of Bring-down Comfort Letter Clause in Contracts

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 24 contracts

Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Globus Medical Inc), Kansas City Southern (Kansas City Southern)

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Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 15 contracts

Samples: Purchase Agreement (Pennsylvania Real Estate Investment Trust), Purchase Agreement (Pennsylvania Real Estate Investment Trust), Underwriting Agreement (Bellerophon Therapeutics LLC)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 14 contracts

Samples: Underwriting Agreement (Inland Real Estate Corp), Underwriting Agreement (Everbridge, Inc.), Underwriting Agreement (Boise Cascade, L.L.C.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially to the effect that they reaffirm the statements made in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(e)(i) hereof, except that the specified date” in the letter furnished pursuant date referred to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 11 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 10 contracts

Samples: Purchase Agreement (Replidyne Inc), Underwriting Agreement (Western Asset High Yield Defined Opportunity Fund Inc.), Underwriting Agreement (Taylor Capital Group Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 9 contracts

Samples: Underwriting Agreement (First Commonwealth Financial Corp /Pa/), Underwriting Agreement (Chemical Financial Corp), Underwriting Agreement (Chemical Financial Corp)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the "specified date" in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 8 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Stock Purchase Agreement (Ares Capital Corp)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 7 contracts

Samples: Underwriting Agreement (Audentes Therapeutics, Inc.), Underwriting Agreement (OVERSTOCK.COM, Inc), Underwriting Agreement (Audentes Therapeutics, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(h) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 6 contracts

Samples: Underwriting Agreement (Philadelphia Energy Solutions Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (ORIX HLHZ Holding LLC)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 5 contracts

Samples: Underwriting Agreement (First Niagara Financial Group Inc), Purchase Agreement (Centene Corp), Purchase Agreement (National Beef, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 4 contracts

Samples: Purchase Agreement (Superior Offshore International Inc.), Purchase Agreement (Superior Offshore International Inc.), Purchase Agreement (Ares Capital Corp)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 4 contracts

Samples: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(h) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 4 contracts

Samples: Underwriting Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Underwriting Agreement (Pebblebrook Hotel Trust)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(gsubsection (f) hereofof this Section, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 4 contracts

Samples: Underwriting Agreement (Castle Biosciences Inc), Underwriting Agreement (Castle Biosciences Inc), Underwriting Agreement (Aquestive Therapeutics, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(h) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Of Purchase Agreement (Kbw, Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (RAIT Financial Trust), Underwriting Agreement (Agenus Inc), MiNK Therapeutics, Inc.

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially to the effect that they reaffirm the statements made in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(e) hereof, except that the specified date” in the letter furnished pursuant date referred to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Realty Income Corp, Realty Income Corp, Realty Income Corp

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of DeliveryOption Closing Date, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of DeliveryOption Closing Date.

Appears in 3 contracts

Samples: Underwriting Agreement (Newlink Genetics Corp), Underwriting Agreement (Taylor & Martin Group Inc), Underwriting Agreement (Ruby Tuesday Inc)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(j) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (Prothena Corp PLC), Underwriting Agreement (Prothena Corp PLC), Underwriting Agreement (Prothena Corp PLC)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of DeliveryOption Closing Date, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(j) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of DeliveryOption Closing Date.

Appears in 3 contracts

Samples: Underwriting Agreement (Western Asset Municipal Defined Opportunity Trust Inc.), Underwriting Agreement (Evergreen Global Dividend Opportunity Fund), Underwriting Agreement (Nuveen Preferred & Income 2022 Term Fund)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(i) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (E2open Inc), Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (Adaptimmune Therapeutics PLC)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(d) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Purchase Agreement (Kbr, Inc.), Purchase Agreement (Carriage Services Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (Univest Corp of Pennsylvania), Underwriting Agreement (Heritage Financial Corp /Wa/), Underwriting Agreement (Heritage Financial Corp /Wa/)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLPPKF, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three a mutually agreed upon number of business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (Puma Biotechnology, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Purchase Agreement (Cathay General Bancorp), Purchase Agreement (Pennsylvania Real Estate Investment Trust), Purchase Agreement (Pennsylvania Real Estate Investment Trust)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(h) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (NRG Yield, Inc.), Underwriting Agreement (Ym Biosciences Inc), Underwriting Agreement (NRG Yield, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(m) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)

Bring-down Comfort Letter. If requested by the Representatives, a letter letters from KPMG LLP and Ernst & Young LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter letters furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

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

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLPLLP and BDO USA, P.C., in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Kinetik Holdings Inc.), Underwriting Agreement (Kinetik Holdings Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter Letters from KPMG LLP and Xxxxxx Xxxxxxx LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter letters furnished to the Representatives Representative pursuant to Section 5(g5(h) hereof, except that the “specified date” in the letter letters furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (North American Palladium LTD), Underwriting Agreement (North American Palladium LTD)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(d) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives by them pursuant to Section 5(g5(j)(i) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (OM Asset Management PLC)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG Peat Marwick LLP, ------------------------- in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the "specified date” in " on the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Purchase Agreement (Poppe Tyson Inc), Purchase Agreement (Poppe Tyson Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the specified date” in the letter furnished pursuant date referred to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG PKF LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Puma Biotechnology, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, a letter, dated such date, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (89bio, Inc.), Underwriting Agreement (89bio, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, LLP in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g6(g) hereof, except that the specified date” in the letter furnished pursuant date referred to this paragraph shall be a date not more than three (3) business days prior to such the Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Purchase Agreement (SYNAPTICS Inc), Underwriting Agreement (Intercept Pharmaceuticals Inc)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(m) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Prothena Corp PLC), Underwriting Agreement (Prothena Corp PLC)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG KPMG, LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Purchase Agreement (Centerstate Banks of Florida Inc), Underwriting Agreement (Centerstate Banks of Florida Inc)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(gsubsection (f) hereofof this Section, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Iterum Therapeutics LTD), Underwriting Agreement

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, LLP in form and substance satisfactory to the Representatives and Representative, each dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(gSECTION 6(e) hereof, except that the “specified date” in the each letter furnished pursuant to this paragraph shall be a date not more than three two business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Univest Corp of Pennsylvania)

Bring-down Comfort Letter. If requested by the Representatives, a (A) A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f)(i) hereof, except that the “specified date” date in the letter furnished pursuant to this paragraph proviso in Section 5(e)(i) hereof shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Clean Energy Fuels Corp.)

Bring-down Comfort Letter. If requested by the Representatives, a letter from each of KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter of such accountant furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Triton International LTD)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from each of KPMG LLP, WithumSmith+Xxxxx, PC and RSM US, LLP, each in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter letters furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (MP Materials Corp. / DE)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLPKPMG, in form and substance satisfactory to the Representatives and dated such Date of DeliveryOption Closing Date, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(j) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of DeliveryOption Closing Date.

Appears in 1 contract

Samples: Underwriting Agreement (Dividend Capital Strategic Global Realty Fund)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, LLP in form and substance reasonably satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: MP Materials Corp. / DE

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLPLLC, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(j) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (OM Asset Management LTD)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from each of Xxxxx Xxxxxxxx LLP, Xxxxxxx and Company, LLP, Xxxxxxx & Company and KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Keyw Holding Corp)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, LLP in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” . The affirmation of statements made in the such letter furnished pursuant to this paragraph shall be as of a date not more than three business days two (2) Business Days prior to such Date of Deliverythe date thereof.

Appears in 1 contract

Samples: Purchase Agreement (DiamondRock Hospitality Co)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(j) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (NRG Yield, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from each of KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Summit Bank Corp)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, LLP in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” . The affirmation of statements made in the such letter furnished pursuant to this paragraph shall be as of a date not more than three business days two (2) Business Days prior to such Date of Deliverythe date thereof.

Appears in 1 contract

Samples: Purchase Agreement (DiamondRock Hospitality Co)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” date in the letter furnished pursuant to this paragraph proviso in Section 5(e) hereof shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Clean Energy Fuels Corp.)

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Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Legg Mason BW Global Income Opportunities Fund Inc.)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from each of KPMG LLP, Deloitte & Touche LLP and Deloitte & Touche GmbH, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (E2open Inc)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Aimmune Therapeutics, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(d) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Euronet Worldwide Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g6(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three (3) business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Harvard Apparatus Regenerative Technology, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and Representatives, dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(gSECTION 6(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three two business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (TriState Capital Holdings, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g6(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Lument Finance Trust, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from each of KPMG LLP and PricewaterhouseCoopers LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (MetroCorp Bancshares, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLPLLC, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(i) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (OM Asset Management PLC)

Bring-down Comfort Letter. If requested by the Representatives, The Representatives shall have received a letter from each of KPMG LLP, independent public accountants for the Company, and Deloitte & Touche LLP, independent public accountants for Pinnacle, each in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter letters furnished to the Representatives pursuant to Section 5(g5(c) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Conagra Brands Inc.

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Aimmune Therapeutics, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Openwave Systems Inc)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (GC Aesthetics PLC)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from each of KPMG LLPLLP and Xxxxx Xxxxxx PLLC, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Ecb Bancorp Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(k) hereof, except that the "specified date" in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (North American Palladium LTD)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(h) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business two days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Adolor Corp)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from each of Gxxxx Xxxxxxxx LLP, Gxxxxxx and Company, LLP, Sxxxxxx & Company and KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Keyw Holding Corp)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLPAuditores Independentes Ltda., in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(h) hereof, except that the “specified date” cut-off date in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Inter & Co, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG US LLP, in form and substance reasonably satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(gsubsection (f) hereofof this Section, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Synlogic, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, LLP in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(i) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Nupathe Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and ------------------------- substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the specified date” date in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Transwitch Corp /De)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of DeliveryOption Closing Date, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(h) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of DeliveryOption Closing Date.

Appears in 1 contract

Samples: Underwriting Agreement (Flaherty & Crumrine Dynamic Preferred & Income Fund Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and Representative, dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g6(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (TriState Capital Holdings, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter Letters from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter letters furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter letters furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Condor Hospitality Trust, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business (3) days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Biomarin Pharmaceutical Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Underwriters pursuant to Section 5(g) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Tompkins Financial Corp)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(g5(e) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business (3) days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP and Deloitte & ------------------------- Touche LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g) hereof, except that the "specified date" in the letter furnished pursuant to this paragraph shall be a date not more than three business five days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Firstamerica Automotive Inc /De/)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(i) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Pebblebrook Hotel Trust)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(k) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Prothena Corp Public LTD Co)

Bring-down Comfort Letter. If requested by the Representatives, a letter from each of KPMG LLP and PricewaterhouseCoopers LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter letters furnished to the Representatives pursuant to Section 5(g) hereof, except that the “specified date” in the letter letters furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (BOISE CASCADE Co)

Bring-down Comfort Letter. If requested by the RepresentativesRepresentative, a letter from KPMG US LLP, in form and substance reasonably satisfactory to the Representatives Representative and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives Representative pursuant to Section 5(gsubsection (f) hereofof this Section, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Synlogic, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a A letter from KPMG LLP, in form and substance satisfactory to the Representatives Representative and dated such Date of Delivery, substantially to the effect that they reaffirm the statements made in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(e)(i) hereof, except that the specified date” in the letter furnished pursuant date referred to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Purchase Agreement (Realty Income Corp)

Bring-down Comfort Letter. If requested by the Representatives, a letter from each of KPMG LLP and Ernst & Young LLP, in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(f) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Everbridge, Inc.)

Bring-down Comfort Letter. If requested by the Representatives, a letter from KPMG LLPAccountants N.V., in form and substance satisfactory to the Representatives and dated such Date of Delivery, substantially in the same form and substance as the letter furnished to the Representatives pursuant to Section 5(g5(i) hereof, except that the “specified date” in the letter furnished pursuant to this paragraph shall be a date not more than three business days prior to such Date of Delivery.

Appears in 1 contract

Samples: Underwriting Agreement (InterXion Holding N.V.)

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