Common use of Conditions of the Obligations of the Underwriters Clause in Contracts

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 302 contracts

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.), Underwriting Agreement (AzurRx BioPharma, Inc.), Interpace Diagnostics (Interpace Diagnostics Group, Inc.)

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Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 103 contracts

Samples: Underwriting Agreement (Live Oak Acquisition Corp II), Underwriting Agreement (Therapeutics Acquisition Corp.), Underwriting Agreement (CM Life Sciences II Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 57 contracts

Samples: Underwriting Agreement (Power Medical Interventions, Inc.), Underwriting Agreement (Synta Pharmaceuticals Corp), Underwriting Agreement (Ardea Biosciences, Inc./De)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 45 contracts

Samples: Underwriting Agreement (Threshold Pharmaceuticals Inc), Underwriting Agreement (Gander Mountain Co), Underwriting Agreement (Coorstek Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 35 contracts

Samples: Underwriting Agreement (Cellular Biomedicine Group, Inc.), Underwriting Agreement (Kindred Biosciences, Inc.), Underwriting Agreement (Zosano Pharma Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 34 contracts

Samples: Underwriting Agreement (Mypoints Com Inc), Underwriting Agreement (Cobalt Group Inc), Underwriting Agreement (Sage Inc/Ca)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 15 contracts

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.), Underwriting Agreement (Kezar Life Sciences, Inc.), Underwriting Agreement (Kezar Life Sciences, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, the Firm Closing Date or each Option Closing Date, as applicable, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof 3 hereof, as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of the First Closing Date and each Option Closing Date Date, as applicable, as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 13 contracts

Samples: Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (AMERICAN EAGLE ENERGY Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Section 1 Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 12 contracts

Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (LHC Group, Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Operating Partnership of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 11 contracts

Samples: Underwriting Agreement (Gladstone Commercial Corp), Underwriting Agreement (Gladstone Commercial Corp), Underwriting Agreement (GLADSTONE LAND Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the accuracy of the statements of the Company and the Operating Partnership made in any certificates pursuant to the provisions hereof, to the timely performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 11 contracts

Samples: Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section ‎Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 10 contracts

Samples: Underwriting Agreement (Bellerophon Therapeutics, Inc.), Underwriting Agreement (Protagonist Therapeutics, Inc), Underwriting Agreement (Adicet Bio, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Firm Securities as provided herein on the First Closing Date and, with respect to the Optional SharesOption Securities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Securities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 8 contracts

Samples: Underwriting Agreement (Opgen Inc), Underwriting Agreement (InspireMD, Inc.), Underwriting Agreement (Vaxart, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, on each Option Closing Date, shall be subject to (i) the accuracy of the representations and warranties on the part of the Company and the Operating Partnership set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to (ii) the timely performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to (iii) each of the following additional conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding AG)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders set forth in Section 1 Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Shareholders of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Velti PLC), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Velti PLC)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Concert Pharmaceuticals, Inc.), Underwriting Agreement (Cerecor Inc.), Underwriting Agreement (Opko Health, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section ‎Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Adicet Bio, Inc.), Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.), Underwriting Agreement (Praxis Precision Medicines, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholder set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Shareholder of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Edward S. Glazer Irrevocable Exempt Trust)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Initial Securities as provided herein on the First Closing Date and, with respect to and for the Option Securities as provided herein on the Optional Shares, each Option Closing Date, if any, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof hereof, as of the Initial Sale Time, and as of the First Closing Date or the Optional Closing Date, as the case may be, as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Prologis), Purchase Agreement (Prologis), Underwriting Agreement (Prologis, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Codexis Inc), Underwriting Agreement (Eiger BioPharmaceuticals, Inc.), Underwriting Agreement (Codexis, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholder set forth in Section 1 Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Shareholder of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Aries Maritime Transport LTD), Underwriting Agreement (Genco Shipping & Trading LTD), Underwriting Agreement (Caribou Coffee Company, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, the Firm Closing Date or each Option Closing Date, as applicable, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof hereof, as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of the First Closing Date and each Option Closing Date Date, as applicable, as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Vantage Drilling CO), Underwriting Agreement (Vantage Drilling CO), Callon Petroleum Co

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder set forth in Section 1 Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholder of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Aurora Oil & Gas CORP), Underwriting Agreement (Claymont Steel Holdings, Inc.), Underwriting Agreement (Accentia Biopharmaceuticals Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase subscribe and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (Osmotica Pharmaceuticals LTD)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Comstock Funds Inc), Underwriting Agreement (Pioneer Energy Services Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (Energy West Inc), Underwriting Agreement (RCS Capital Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Firm Securities as provided herein on the First Closing Date and, with respect to and for the Additional Securities as provided herein on the Optional Shares, each Option Closing Date, if any, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof hereof, as of the Initial Sale Time, and as of the First Closing Date or the Optional Closing Date, as the case may be, as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Prologis), Underwriting Agreement (Prologis), Underwriting Agreement (Prologis)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (InspireMD, Inc.), Underwriting Agreement (InspireMD, Inc.), Underwriting Agreement (Navidea Biopharmaceuticals, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders set forth in Section 1 Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Shareholders of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Pioneer Drilling Co, Pioneer Drilling Co, Pioneer Drilling Co

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Jefferies Capital Partners Iv Lp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Offered Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 (the “Representations and Warranties”) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Offered Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Newtek Business Services Corp.), Underwriting Agreement (Newtek Business Services Corp.), Underwriting Agreement (Newtek Business Services Corp.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesOption Securities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Securities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Ondas Holdings Inc.), Underwriting Agreement (Helius Medical Technologies, Inc.), Underwriting Agreement (Helius Medical Technologies, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Depositary Units as provided herein on the First Closing Date and, with respect to the Optional SharesDepositary Units, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesDepositary Units, as of each Option Closing Date as though then made, to the timely performance in all material respects by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Icahn Enterprises L.P.), Underwriting Agreement (Icahn Enterprises L.P.), Underwriting Agreement (Icahn Enterprises L.P.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Subsequent Closing Date, shall be subject to (i) the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of and each Option Subsequent Closing Date as though then made, to ; (ii) the timely performance by the Company of its covenants and other obligations hereunder, ; and to (iii) each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase subscribe for and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (QualityTech, LP), Underwriting Agreement (QualityTech, LP), Underwriting Agreement (QualityTech, LP)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: First Potomac Realty Trust, First Potomac Realty Trust, First Potomac Realty Trust

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, the First Closing Date or each Option Closing Date, as applicable, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof hereof, as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of the First Closing Date and each Option Closing Date Date, as applicable, as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Abraxas Petroleum Corp), Underwriting Agreement (Gastar Exploration LTD), Underwriting Agreement (Gulfport Energy Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Offered Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Offered Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (AxoGen, Inc.), Aastrom Biosciences Inc

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Second Closing Date as though then madeDate, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (International Manufacturing Services Inc), Underwriting Agreement (International Manufacturing Services Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each the Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 SECTION 3 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each the Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Lock Up Agreement (Troy Group Inc), Troy Group Inc

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 ‎1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (VBI Vaccines Inc/Bc), VBI Vaccines Inc/Bc

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares and the Firm Warrants as provided herein on the First Closing Date and, with respect to the Optional SharesOption Shares and the Option Warrants, each Option Subsequent Closing Date, shall be subject to (i) the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of and each Option Subsequent Closing Date as though then made, to ; (ii) the timely performance by the Company of its covenants and other obligations hereunder, ; and to (iii) each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Credit Agreement (Mesa Laboratories Inc /Co), Underwriting Agreement (KalVista Pharmaceuticals, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Strongbridge Biopharma PLC), Underwriting Agreement (Strongbridge Biopharma PLC)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares and Firm Warrants as provided herein on the First Closing Date and, with respect to the Optional SharesOption Shares and Option Warrants, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Shares and the Option Warrants, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Ur-Energy Inc), Ur-Energy Inc

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each the Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each the Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each the Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 3 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each the Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Troy Group Inc), Underwriting Agreement (Troy Group Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 1(A) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Vixel Corp), Underwriting Agreement (Regent Licensee of El Paso Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

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

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, Date shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Empowerment & Inclusion Capital I Corp.), Underwriting Agreement (Empowerment & Inclusion Capital I Corp.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Firm Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Subsequent Closing Date, shall be subject to (1) the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of and each Option Subsequent Closing Date as though then made, to ; (2) the timely performance by the Company of its covenants and other obligations hereunder, ; and to (3) each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Icop Digital, Inc), Underwriting Agreement (Icop Digital, Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Firm Securities and, if applicable, the Option Securities as provided herein on the First Closing Date and, with respect to the Optional SharesOption Securities, on each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Securities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Evofem Biosciences, Inc., Evofem Biosciences, Inc.

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section ‎Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Compugen LTD)

Conditions of the Obligations of the Underwriters. The respective several obligations of the several Underwriters hereunder each Underwriter to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Metabolix, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each any Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 2 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each any Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Progressive Gaming International Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Firm Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Esperion Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 1. hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

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Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof 2 as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Energy Fuels Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each on the Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each the Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Erytech Pharma S.A.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesOption Securities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Securities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Planet 13 Holdings Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Oriental Financial Group Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 2 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Displaytech Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and Selling Shareholder, as applicable, of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Biodelivery Sciences International Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section ‎Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (GP-Act III Acquisition Corp.)

Conditions of the Obligations of the Underwriters. The respective ------------------------------------------------- obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 2 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Sizeler Property Investors Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option any Subsequent Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Subsequent Closing Date as though then made, made to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Acorda Therapeutics Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholder set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Shareholder of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Manchester United Ltd.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option any Subsequent Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option any Subsequent Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Arch Coal Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its the covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Roivant Sciences Ltd.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Initial Securities as provided herein on a several and not joint basis on the First Closing Date and, with respect to the Optional Shares, each and any Option Closing Date, Securities as provided herein on any Date of Delivery shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof hereof, as of the Initial Sale Time, as of the Closing Date and as of the First Closing any Date of Delivery as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Conagra Brands Inc.

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesADSs, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders set forth in Section 1 Sections 1A and 1B hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesADSs, as of each Option Closing Date as though then made, to the timely performance by the Company and the Selling Shareholders of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (BCD Semiconductor Manufacturing LTD)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Healthcare Properties Trust Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Oclaro, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Addus HomeCare Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Volitionrx LTD)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 1(A) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Edgen Group Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 0 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunderunder the Transaction Documents, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesOption Securities, each Option Securities Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section ‎Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Securities, as of each Option Securities Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties in all material respects on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (I Many Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Table of Contents Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Caci International Inc /De/)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Offered Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Offered Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Up Agreement (Dynex Capital Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Offered Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 (“Representations and Warranties”) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Offered Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (BFC Financial Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option the Second Closing Date as though then made, to the timely performance by the Company of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Resourcephoenix Com)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Xenon Pharmaceuticals Inc.

Conditions of the Obligations of the Underwriters. The respective ------------------------------------------------- obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Common Shares as provided herein on the First Closing Date and, with respect to and the Optional Shares, each Option Common Shares on the Second Closing Date, Date shall be subject to the accuracy of the representations and warranties on the part of the Company herein set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to or the Optional SharesSecond Closing Date, as of each Option Closing Date as though then madethe case may be, to the timely accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Onsale Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then madeDate, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Ltd.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Option Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Option Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Lock Up Agreement (Vaxart, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, each Option any Subsequent Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder set forth in Section 1 Sections 1(A) and 1(B), respectively, hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of each Option the Subsequent Closing Date as though then made, and to the timely performance by the Company and the Selling Stockholder of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Acorda Therapeutics Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Chuy's Holdings, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section ‎‎Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesSecurities, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesSecurities, as of each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Avi Biopharma Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Firm Shares on the Closing Date or the Option Shares on any Additional Closing Date, as the case may be, in each case, as provided herein on the First Closing Date and, with respect to the Optional Shares, each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof hereof, as of the Initial Sale Time, as of the Closing Date and as of the First any Additional Closing Date as though then made and, with respect to the Optional Shares, as of each Option Closing Date as though then made, and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Thermo Fisher Scientific Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesOption Securities, each Option Securities Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section ‎Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Securities, as of each Option Securities Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Shares Securities as provided herein on the First Closing Date and, with respect to the Optional SharesOption Securities, each the Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional SharesOption Securities, as of each the Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Evofem Biosciences, Inc.)

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