Common use of Comfort Letters Clause in Contracts

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 12 contracts

Samples: Underwriting Agreement (Population Health Investment Co., Inc.), Underwriting Agreement (Accelerate Acquisition Corp.), Underwriting Agreement (BowX Acquisition Corp.)

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Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxWithumSmith+Bxxxx, PC shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 12 contracts

Samples: Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.), Underwriting Agreement (Qell Acquisition Corp), Underwriting Agreement (Spring Valley Acquisition Corp.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 12 contracts

Samples: Execution Version (Amkor Technology, Inc.), Sunnova Energy International Inc., iRhythm Technologies, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 8 contracts

Samples: Underwriting Agreement (Atara Biotherapeutics, Inc.), AtriCure, Inc., Atara Biotherapeutics, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 8 contracts

Samples: Underwriting Agreement (NanoString Technologies Inc), Deciphera Pharmaceuticals, Inc., Deciphera Pharmaceuticals, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 8 contracts

Samples: Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Digicel Group LTD), Underwriting Agreement (Axalta Coating Systems Ltd.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersRepresentatives, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 7 contracts

Samples: Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc), Revolution Medicines, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 7 contracts

Samples: Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Akero Therapeutics, Inc.), Cardlytics, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, lettersa letter, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 6 contracts

Samples: Duck Creek Technologies, Inc., Duck Creek Technologies, Inc., Disco (Guernsey) Holdings L.P. Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 6 contracts

Samples: Underwriting Agreement (Healthequity Inc), Underwriting Agreement (Seattle Genetics Inc /Wa), Underwriting Agreement (Healthequity Inc)

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 6 contracts

Samples: Underwriting Agreement (Metagenomi, Inc.), Lyft, Inc., Duckhorn Portfolio, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP shall have furnished to the RepresentativeRepresentative[s], at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentative[s], containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 6 contracts

Samples: TPG Specialty Lending, Inc., TPG Specialty Lending, Inc., TPG Specialty Lending, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxPricewaterhouseCoopers LLP, PC shall have which has certified the consolidated financial statements of the Company and its Subsidiaries, has furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three (3) business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 5 contracts

Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (Medical Properties Trust Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 5 contracts

Samples: Allete Inc, Alder Biopharmaceuticals Inc, Alder Biopharmaceuticals Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Gxxxx Xxxxxxxx LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersRepresentative, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters Underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Package, and the Prospectus; provided, that the letter letters delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such the Additional Closing Date, as the case may be.

Appears in 5 contracts

Samples: Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (CareCloud, Inc.), Underwriting Agreement (MTBC, Inc.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP shall have furnished to the RepresentativeUnderwriters, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeUnderwriters, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such the Closing Date or such Additional Closing Date, as the case may be.

Appears in 5 contracts

Samples: Underwriting Agreement (Option Care Health, Inc.), Underwriting Agreement (Option Care Health, Inc.), Underwriting Agreement (Option Care Health, Inc.)

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 5 contracts

Samples: Underwriting Agreement (Global Blood Therapeutics, Inc.), Underwriting Agreement (Global Blood Therapeutics, Inc.), Underwriting Agreement (Global Blood Therapeutics, Inc.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 4 contracts

Samples: Execution Version (Alnylam Pharmaceuticals, Inc.), Underwriting Agreement (Flagstar Bancorp Inc), Alnylam Pharmaceuticals, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, be shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 4 contracts

Samples: Underwriting Agreement (Seattle Genetics Inc /Wa), American Reprographics CO, American Reprographics CO

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxPricewaterhouseCoopers LLP, PC shall have which has certified the consolidated financial statements of the Company and its subsidiaries, has furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three (3) business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 4 contracts

Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 4 contracts

Samples: Modine Manufacturing Co, Bioventus Inc., Merrimack Pharmaceuticals Inc

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte & Touche LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Kratos Defense & Security Solutions, Inc., Kratos Defense & Security Solutions, Inc., Bill Barrett Corp

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxXxxxx Xxxxxxxx, PC LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Ramco Gershenson Properties Trust, Ramco Gershenson Properties Trust, Ramco Gershenson Properties Trust

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Replimune Group, Inc.), BRP Group, Inc., Solid Biosciences, LLC

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such the Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: FelCor Lodging Trust Inc, FelCor Lodging Trust Inc, FelCor Lodging Trust Inc

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersRepresentatives and the Company, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Twist Bioscience Corp, Twist Bioscience Corp, Twist Bioscience Corp

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxBDO USA, PC LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Representatives on behalf of the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Dynex Capital Inc), Dynex Capital Inc, Dynex Capital Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Alnylam Pharmaceuticals, Inc., Alnylam Pharmaceuticals, Inc., Alnylam Pharmaceuticals, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxBDO USA, PC LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: NMI Holdings, Inc., Crinetics Pharmaceuticals, Inc., NMI Holdings, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Duckhorn Portfolio, Inc., Deciphera Pharmaceuticals, Inc., Duckhorn Portfolio, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Letter Agreement (Fuelcell Energy Inc), Nuvalent, Inc., Nuvalent, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC each of Ernst & Young LLP and PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: CDW Corp, CDW Corp, CDW Corp

Comfort Letters. On the date of this Agreement and on the Closing Date or the an Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the an Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two (2) business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 3 contracts

Samples: Sage Therapeutics, Inc., Sage Therapeutics, Inc., Sage Therapeutics, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Ernst & Young LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersRepresentative and the Company’s board of directors, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: DoubleDown Interactive Co., Ltd., DoubleDown Interactive Co., Ltd.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information of the Company contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such the Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Albemarle Corp, Albemarle Corp

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP as accountants for the Company shall have furnished to the Representative, Representative at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersRepresentative and the Selling Shareholder, in form and substance reasonably satisfactory to the RepresentativeRepresentative and the Selling Shareholder, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Tronox Holdings PLC), Underwriting Agreement (Exxaro Resources LTD)

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Xxxxx Xxxxxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (ProFrac Holding Corp.), Underwriting Agreement (ProFrac Holding Corp.)

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Hxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Letter Agreement (Humanigen, Inc), Letter Agreement (Humanigen, Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte Touche Tohmatsu Certified Public Accountants LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Zai Lab LTD), Zai Lab LTD

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the ProspectusProspectuses; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Gold Reserve Inc), Underwriting Agreement (Gold Reserve Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Ernst & Young LLP and McGladrey LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Bluebird Bio, Inc., Bluebird Bio, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC each of Ernst & Young LLP and Deloitte & Touche LLP shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriter, in form and substance reasonably satisfactory to the RepresentativeUnderwriter, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter letters delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: CommScope Holding Company, Inc., CommScope Holding Company, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC each of Deloitte & Touche LLP and PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the CompanyCompany and Holding, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Vantiv, Inc.), Vantiv, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the any Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersRepresentative, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered on the Closing Date or the any Additional Closing Date, as the case may be, be shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Nevro Corp, Nevro Corp

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC each of Ernst & Young LLP and PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Beacon Roofing Supply Inc), Underwriting Agreement (Beacon Roofing Supply Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, be shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Vanda Pharmaceuticals Inc., Vanda Pharmaceuticals Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxBDO Xxxxxxx, PC LLP and Xxxxx Xxxxxxx LLP shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriter, in form and substance reasonably satisfactory to the RepresentativeUnderwriter, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing General Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Southern National Bancorp of Virginia Inc), Southern National Bancorp of Virginia Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxFxxxx, PC Rxxxxxxx + Co. LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Chain Bridge I), Underwriting Agreement (Chain Bridge I)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxPricewaterhouseCoopers LLP and BDO USA, PC LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Nine Energy Service, Inc.), Nine Energy Service, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Xxxxx Xxxxxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Ramco Gershenson Properties Trust), Ramco Gershenson Properties Trust

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Ernst and Young LLP and Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Sonic Automotive Inc, Sonic Automotive Inc

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxXxxxxxxxx & Xxxxxxxxx, PC a member firm of PricewaterhouseCoopers International Limited, shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Tufin Software Technologies Ltd.), Tufin Software Technologies Ltd.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three (3) business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Seres Therapeutics, Inc., Seres Therapeutics, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the any Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, the Board of Directors of the Company, and the Board of Managers of the OP, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the any Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Broadstone Net Lease, Inc., Broadstone Net Lease, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxKPMG, PC LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Phreesia, Inc., Phreesia, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, be shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Cheesecake Factory Inc), Cheesecake Factory Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC McGladrey & Xxxxxx LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Savient Pharmaceuticals Inc, Savient Pharmaceuticals Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or and the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (DA32 Life Science Tech Acquisition Corp.), Underwriting Agreement (DA32 Life Science Tech Acquisition Corp.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers Xxxxx Xxxx CPAs Limited Company shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: ShangPharma Corp, Ambow Education Holding Ltd.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersInitial Purchasers, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each the Time of the Registration Statement, the Pricing Disclosure Package Sale Information and the ProspectusOffering Memorandum; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Purchase Agreement (Lyft, Inc.), Lyft, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC CohnReznick LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Letter Agreement (Tg Therapeutics, Inc.), Tg Therapeutics, Inc.

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Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxErnst & Young LLP and BDO USA, PC LLP shall have each furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (PTC Therapeutics, Inc.), PTC Therapeutics, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG AG Wirtschaftsprüfungsgesellschaft shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeUnderwriter, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Sirona Dental (Sirona Dental Systems, Inc.), Sirona Dental (Sirona Dental Systems, Inc.)

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (PPD, Inc.), Underwriting Agreement (Sovos Brands, Inc.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the any Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC each of KPMG LLP and Xxxx Xxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the each letter delivered on the Closing Date or the any Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Five9, Inc., Five9, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Xxxxx Xxxxxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Geo Group Inc, Shiloh Industries Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP and Ernst & Young LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Agios Pharmaceuticals, Inc., Agios Pharmaceuticals Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriter, in form and substance reasonably satisfactory to the RepresentativeUnderwriter and PricewaterhouseCoopers LLP, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 2 contracts

Samples: Idenix Pharmaceuticals Inc, Idenix Pharmaceuticals Inc

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP shall have furnished to the RepresentativeUnderwriters, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeUnderwriters, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Dova Pharmaceuticals, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Xxxxx Xxxxxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Grid Dynamics Holdings, Inc.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxxeach of PricewaterhouseCoopers LLP, PC Ernst & Young LLP and KPMG LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “' "comfort letters" to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Statement and the Final Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a "cut-off" date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Collins & Aikman Products Co

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing DateDate or such other dates agreeable to the Representatives, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, or such other date, as the case may be, shall use a “cut-off” date no more than two business days three Business Days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Mellanox Technologies, Ltd.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers SA and BDO AG shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Addex Therapeutics Ltd.)

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the CompanyCompany and the LLC, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Deciphera Pharmaceuticals, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP and Ernst & Young LLP shall have each furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered by KPMG LLP on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Pricing Term Sheet (Volcano Corp)

Comfort Letters. On the date of this Agreement and on the Closing Date Date, or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP (U.S.) and PricewaterhouseCoopers LLP (Canada) shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, provided that the letter delivered on the Closing Date Date, or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such the Closing Date Date, or such the Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Bemis Co Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriter, in form and substance reasonably satisfactory to the RepresentativeUnderwriter, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters Underwriter with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Platinum Group Metals LTD

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives, at the request of the CompanyCompany and Carnival plc, as the case may be, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such the Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Carnival PLC

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Ernst & Young LLP and KPMG S.p.A. shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriter, in form and substance reasonably satisfactory to the RepresentativeUnderwriter, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter letters delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Clovis Oncology, Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the each Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Athenex, Inc.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, lettersa letter, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the Company’s financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered by Deloitte & Touche LLP on the Closing Date or the Additional Closing Date, as the case may be, be shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Exterran Holdings Inc.

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Cxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Metropolitan Bank Holding Corp.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Statement and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days three Business Days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Omnivision Technologies Inc)

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Exxxx & Young LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Scholar Rock Holding Corp

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Price Waterhouse & Co. S.R.L. shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: dLocal LTD

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxPricewaterhouseCoopers LLP, PC who has certified certain financial statements of the Company and its consolidated subsidiaries, shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriter, in form and substance reasonably satisfactory to the RepresentativeUnderwriter, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, provided that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two five business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: South Financial (South Financial Group Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxWithumSmith+Bxxxx, PC shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two (2) business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Tuatara Capital Acquisition Corp

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Ernst & Young LLP and Xxxxxxx & White LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Quantum Fuel Systems Technologies Worldwide, Inc.

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP and Ernst & Young LLP shall have each furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package Time of Sale Information and the Prospectus; provided, that the letter delivered by KPMG LLP on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Volcano Corp

Comfort Letters. (i) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Xxxxx Xxxxxxxx LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration StatementStatements, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Grid Dynamics Holdings, Inc.)

Comfort Letters. (a) On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three (3) business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Intrexon Corp

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxXxxxx Xxxxx Xxxxxxx Xxxxxx, PC LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Flagstar Bancorp Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Deloitte Touche Tohmatsu Auditores Independentes shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: QGOG Constellation S.A.

Comfort Letters. On the date of this Agreement and on the Closing Date or the and any Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersPurchasers, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters initial purchasers with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the ProspectusOffering Memorandum; provided, that the letter delivered on the Closing Date or the any Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such any Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Purchase Agreement (Sunnova Energy International Inc.)

Comfort Letters. On the date of this Agreement and on the Closing Date or the each Additional Closing Date, as the case may be, WithumSmith+Xxxxxeach of Ernst & Young LLP, PC KPMG LLP and Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the CompanyPartnership, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the each Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or each such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Phillips 66 Partners Lp

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC KPMG LLP and Deloitte & Touche LLP shall have furnished to the RepresentativeRepresentatives, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the RepresentativeRepresentatives, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Clearwire Corp /DE

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Gxxxx Xxxxxxxx LLP shall have furnished to the RepresentativeUnderwriter, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriter, in form and substance reasonably satisfactory to the RepresentativeUnderwriter, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Ramco Gershenson Properties Trust

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+XxxxxMaloneBailey, PC LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: PROTONIQ Acquisition Corp

Comfort Letters. On the date of this Agreement and on the Closing Date or the relevant Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC PricewaterhouseCoopers LLP shall have furnished to the RepresentativeRepresentatives and the Forward Seller, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the UnderwritersUnderwriters and the Forward Seller, in form and substance reasonably satisfactory to the RepresentativeRepresentatives and the Forward Seller, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the relevant Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two three business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Letter Agreement (Hawaiian Electric Industries Inc)

Comfort Letters. On the date of this Agreement and on the Closing Date or the Additional Closing Date, as the case may be, WithumSmith+Xxxxx, PC Xxxxxx Xxxxxxxxx & Xxxxxxx LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants’ “comfort letters” to underwriters with respect to the financial statements and certain financial information contained in each of the Registration Statement, the Pricing Disclosure Package and the Prospectus; provided, that the letter delivered on the Closing Date or the Additional Closing Date, as the case may be, shall use a “cut-off” date no more than two business days prior to such Closing Date or such Additional Closing Date, as the case may be.

Appears in 1 contract

Samples: Bombax Healthcare Acquisition Corp

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