Common use of Compliance with the Xxxxxxxx-Xxxxx Act Clause in Contracts

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 244 contracts

Samples: Underwriting Agreement (Iconix Brand Group, Inc.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Purchase Agreement (Broadpoint Gleacher Securities Group, Inc.)

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Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 216 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Purchase Agreement (Osi Systems Inc), Underwriting Agreement (Triton International LTD)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 116 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Amalgamated Financial Corp.), Underwriting Agreement (Veritex Holdings, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 52 contracts

Samples: Underwriting Agreement (Oculis Holding AG), Underwriting Agreement (American Capital Mortgage Investment Corp.), Sales Agreement (Inmune Bio, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 52 contracts

Samples: Underwriting Agreement (Purple Innovation, Inc.), Equity Distribution Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Gossamer Bio, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 42 contracts

Samples: Underwriting Agreement (New Jersey Resources Corp), Underwriting Agreement (Diana Containerships Inc.), Underwriting Agreement (Triangle Petroleum Corp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in with all material respects with any provision provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, in each case, to the extent the Xxxxxxxx-Xxxxx Act applies to the Company.

Appears in 29 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Underwriting Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 25 contracts

Samples: Underwriting Agreement (Colony Bankcorp Inc), Underwriting Agreement (Pacific Premier Bancorp Inc), Underwriting Agreement (Univest Corp of Pennsylvania)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 21 contracts

Samples: Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (Angel Oak Mortgage, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related ) that are in effect and which the Company is required to loans and Sections 302 and 906 related to certificationscomply with.

Appears in 19 contracts

Samples: Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 18 contracts

Samples: Dealer Manager Agreement (NexPoint Capital, Inc.), Dealer Manager Agreement (Sierra Total Return Fund), Dealer Manager Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications, except as any such failure could not reasonably be expected to have a Material Adverse Effect.

Appears in 18 contracts

Samples: Equity Distribution Agreement (First Majestic Silver Corp), Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision provisions of the Xxxxxxxx-Xxxxx Sarbanes Oxley Act of 2002 and the rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Xxxxxxxx-Xxxxx Sarbanes Oxley Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certificationscertifications applicable to the Company.

Appears in 15 contracts

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

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Xxxxxxxx-Xxxxx Act”), including the establishment and maintenance of disclosure controls and procedures, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 15 contracts

Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision all applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 13 contracts

Samples: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 12 contracts

Samples: Underwriting Agreement (Spire Inc), Spire (Spire Inc), Underwriting Agreement (Spire Inc)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 12 contracts

Samples: Underwriting Agreement (Axonics, Inc.), Underwriting Agreement (OvaScience, Inc.), Sales Agreement (Orphazyme a/S)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related with which any of them is required to loans and Sections 302 and 906 related to certificationscomply.

Appears in 12 contracts

Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Management Agreement (KKR Real Estate Finance Trust Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated by the Commission in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 12 contracts

Samples: Underwriting Agreement (Select Income Reit), Underwriting Agreement (CommonWealth REIT), Underwriting Agreement (Select Income REIT)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 of the Xxxxxxxx-Xxxxx Act related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 11 contracts

Samples: Underwriting Agreement (Tracon Pharmaceuticals, Inc.), Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 11 contracts

Samples: Purchase Agreement (Cathay General Bancorp), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 10 contracts

Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Purchase Agreement (Danaher Corp /De/), Underwriting Agreement (Lan Airlines SA)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 10 contracts

Samples: Underwriting Agreement (First Niagara Financial Group Inc), Equity Distribution Agreement (National Health Investors Inc), Underwriting Agreement (Endologix Inc /De/)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 10 contracts

Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Coach Inc), Underwriting Agreement (BrightSpire Capital, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or to the knowledge of the Company, on the part of any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including without limitation Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 9 contracts

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

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 9 contracts

Samples: Equity Offeringsm Sales Agreement (Team Inc), Equity Offeringsm Sales Agreement (Akoustis Technologies, Inc.), Terms Agreement (Irobot Corp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision provisions of the Xxxxxxxx-Xxxxx Sarbanes Oxley Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) and the rules and regulations promulgated thereunder or implementing the provisions thereof, including Section 402 related relating to loans and Sections 302 and 906 related relating to certificationscertifications applicable to the Company.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Company, the Operating Partnership and the Subsidiaries or any of the Company’s such entities’ directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 9 contracts

Samples: Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty L P)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, materially to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and there has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 8 contracts

Samples: Equity Offeringsm Sales Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 8 contracts

Samples: Purchase Agreement (Centene Corp), Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (Horizon Global Corp), Underwriting Agreement (Northwest Natural Holding Co), Underwriting Agreement (Northwest Natural Gas Co)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (and with which the “Xxxxxxxx-Xxxxx Act”)Company is required to comply, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Equity Offeringsm Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 7 contracts

Samples: Underwriting Agreement (Southwestern Energy Co), Underwriting Agreement (Southwestern Energy Co), Underwriting Agreement (Southwestern Energy Co)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (and with which the “Xxxxxxxx-Xxxxx Act”)Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Execution (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Underwriting Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Underwriting Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related relating to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (Allison Transmission Holdings Inc), Underwriting Agreement (Allison Transmission Holdings Inc), Underwriting Agreement (Allison Transmission Holdings Inc)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (RAIT Financial Trust), Underwriting Agreement (RAIT Financial Trust), Underwriting Agreement (RAIT Financial Trust)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Company, the Operating Partnership and the Subsidiaries or any of the Company’s such entities’ directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Equity Distribution Agreement (BioMed Realty Trust Inc), Equity Distribution Agreement (BioMed Realty Trust Inc), Equity Distribution Agreement (BioMed Realty Trust Inc)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or the Operating Partnership or any of the Company’s or the Operating Partnership’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.), Underwriting Agreement (First Western Financial Inc), Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications, in each case solely to the extent applicable to the Company.

Appears in 6 contracts

Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith thereunder or implementing the applicable provisions thereof (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Underwriting Agreement (Rexnord Corp), Underwriting Agreement (Rexnord Corp), Underwriting Agreement (Rexnord Corp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or on the part of any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors managers or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 5 contracts

Samples: Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Identiv, Inc.), Underwriting Agreement (Universal Technical Institute Inc), Underwriting Agreement (Universal Technical Institute Inc)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Terms Agreement (Turtle Beach Corp), Terms Agreement (Protalix BioTherapeutics, Inc.), Terms Agreement (Express, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith (thereunder or implementing the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsprovisions thereof.

Appears in 5 contracts

Samples: Exempt Offering Underwriting Agreement (HUTCHMED (China) LTD), Underwriting Agreement (Hutchison China MediTech LTD), Underwriting Agreement (CK Hutchison Holdings LTD)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated in connection therewith (which the “Xxxxxxxx-Xxxxx Act”), including Section 402 related Company is required to loans and Sections 302 and 906 related to certificationscomply with.

Appears in 5 contracts

Samples: Underwriting Agreement (VWR Corp), Underwriting Agreement (VWR Corp), VWR Corporation (VWR Corp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 5 contracts

Samples: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 of the Xxxxxxxx-Xxxxx Act related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Home Loan Servicing Solutions, Ltd.), Underwriting Agreement (Zogenix, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 5 contracts

Samples: Underwriting Agreement (Talmer Bancorp, Inc.), Underwriting Agreement (Talmer Bancorp, Inc.), Underwriting Agreement (Talmer Bancorp, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Discovery Laboratories Inc /De/)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (United Community Banks Inc), Purchase Agreement (CONSOL Energy Inc), Underwriting Agreement (Mb Financial Inc /Md)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (that are in effect and which the “Xxxxxxxx-Xxxxx Act”), including Section 402 related Company is required to loans and Sections 302 and 906 related to certificationscomply with as of the effectiveness of the Registration Statement.

Appears in 5 contracts

Samples: Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (WashingtonFirst Bankshares, Inc.), Underwriting Agreement (CVB Financial Corp), Purchase Agreement (Brookline Bancorp Inc)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Acumen Pharmaceuticals, Inc.), Holding Company (City Holding Co), Underwriting Agreement (CenterState Banks, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 5 contracts

Samples: Purchase Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)

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Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) with which any of them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Equity Offering Sales Agreement (Americold Realty Trust), Terms Agreement (Americold Realty Operating Partnership, L.P.), Underwriting Agreement (Americold Realty Trust)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the "Xxxxxxxx-Xxxxx Act”), including Section 402 related ") that are in effect and which the Company is required to loans and Sections 302 and 906 related to certificationscomply with.

Appears in 4 contracts

Samples: Underwriting Agreement (Box Ships Inc.), Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Box Ships Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Xxxxxxxx-Xxxxx Act”)) with which any of them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith thereunder (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the best knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Blue Bird Corp), Underwriting Agreement (Blue Bird Corp), Blue Bird Corp

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Fleetmatics Group PLC), Underwriting Agreement (FleetMatics Group PLC), Underwriting Agreement (FleetMatics Group PLC)

Compliance with the Xxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Danaher Corp /De/, Danaher Corp /De/, Danaher Corp /De/

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

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

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Sarbanes‑Oxley Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (CorEnergy Infrastructure Trust, Inc.), Underwriting Agreement (CorEnergy Infrastructure Trust, Inc.), Underwriting Agreement (CorEnergy Infrastructure Trust, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationscertifications applicable to it or them.

Appears in 4 contracts

Samples: Underwriting Agreement (Fibria Celulose S.A.), Underwriting Agreement (Fibria Celulose S.A.), Underwriting Agreement (Fibria Celulose S.A.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) and with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Underwriting Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Hannon Armstrong Sustainable Infrastructure Capital, Inc.

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision all applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith (thereunder or implementing the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsprovisions thereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Company, the Operating Partnership or any Subsidiary or any of the Company’s directors or officersofficers of the Company, the Operating Partnership or any Subsidiary, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Aimco Properties Lp), Sales Agreement (Aimco Properties Lp), Equity Distribution Agreement (Aimco Properties Lp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or Company, or, to the knowledge of the Company, on the part of any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or the Operating Partnership or subsidiaries or directors or officers of the Company or any of the Company’s directors or officersits subsidiaries, in their capacities capacity as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) including, including without limitation, Section 402 related to loans loans, and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Purchase Agreement (Sunstone Hotel Investors, Inc.), Purchase Agreement (Sunstone Hotel Investors, Inc.), Purchase Agreement (Sunstone Hotel Investors, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the "Xxxxxxxx-Xxxxx Act”)") with which any of them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.), Golub Capital BDC (Golub Capital BDC, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s actual knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Common Stock (DZS Inc.), Underwriting Agreement (Dasan Zhone Solutions Inc), Underwriting Agreement (DZS Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties LP)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Sales Agreement (Adaptimmune Therapeutics PLC), Sales Agreement (Adaptimmune Therapeutics PLC), Underwriting Agreement (Adaptimmune Therapeutics PLC)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, with which any of them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Dealer Agreement (KBS Legacy Partners Apartment REIT, Inc.), Dealer Agreement (KBS Legacy Partners Apartment REIT, Inc.), Underwriting Agreement (8x8 Inc /De/)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) to which it is or has been subject, including Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Sales Agreement (Erytech Pharma S.A.), Placement Agency Agreement (Erytech Pharma S.A.), Placement Agency Agreement (Erytech Pharma S.A.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or the Operating Partnership or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Retail Opportunity (Retail Opportunity Investments Partnership, LP), Retail Opportunity (Retail Opportunity Investments Partnership, LP), Underwriting Agreement (Retail Opportunity Investments Partnership, LP)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Equity Offeringsm Sales Agreement (Acumen Pharmaceuticals, Inc.), Equity Distribution Agreement (JBG SMITH Properties), Wheaton Precious Metals Corp.

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (with which the “Xxxxxxxx-Xxxxx Act”), including Section 402 related Company is required to loans and Sections 302 and 906 related to certificationscomply.

Appears in 3 contracts

Samples: Underwriting Agreement (CLARIVATE PLC), Underwriting Agreement (Clarivate Analytics PLC), Underwriting Agreement (CLARIVATE PLC)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (PDL Biopharma, Inc.), Underwriting Agreement (PDL Biopharma, Inc.), Underwriting Agreement (PDL Biopharma, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Endologix Inc /De/), Purchase Agreement Purchase Agreement (Endologix Inc /De/), Terms Agreement (Endologix Inc /De/)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Purchase Agreement (Emergent BioSolutions Inc.), Underwriting Agreement (Wintrust Financial Corp), Underwriting Agreement (Ship Finance International LTD)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s best knowledge, on the part of any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (applicable to the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsCompany as of the date hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Corpbanca/Fi), Corpbanca (Corpbanca/Fi), Underwriting Agreement (Corpbanca/Fi)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officersofficers of the Company, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Purchase Agreement (Patrick Industries Inc), Purchase Agreement (American Woodmark Corp), Purchase Agreement (Emergent BioSolutions Inc.)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the related rules and regulations promulgated in connection therewith (of the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsCommission.

Appears in 3 contracts

Samples: River Valley Bancorp (River Valley Bancorp), Underwriting Agreement (River Valley Bancorp), Underwriting Agreement (River Valley Bancorp)

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Equity Distribution Agreement (NexGen Energy Ltd.), Equity Distribution Agreement (NexGen Energy Ltd.), company-announcements.afr.com

Compliance with the Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Purchase Agreement (Orexigen Therapeutics, Inc.), Purchase Agreement (Orexigen Therapeutics, Inc.), Underwriting Agreement (Orexigen Therapeutics, Inc.)

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