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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, and as of the 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 97 contracts

Samples: Underwriting Agreement (Perkinelmer Inc), Underwriting Agreement (Westlake Chemical Corp), Underwriting Agreement (Watson Pharmaceuticals Inc)

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Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as and AHFC herein on the Closing Date, to the accuracy of the date statements of Company and AHFC officers made pursuant to the provisions hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company and AHFC of its covenants and other their respective obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 36 contracts

Samples: Underwriting Agreement (Honda Auto Receivables 2009-2 Owner Trust), Underwriting Agreement (Honda Auto Receivables 2009-3 Owner Trust), Underwriting Agreement (American Honda Receivables Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be hereunder are subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof accuracy, as of the date hereof, as of the Initial Sale Time, hereof and as of the First Closing Date and the Second Closing Date (as though then if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the timely performance by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditions:

Appears in 25 contracts

Samples: Underwriting Agreement (Infobird Co., LTD), Underwriting Agreement (Golden Bull LTD), Underwriting Agreement (UTime LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 Seller and the Servicer herein on the date hereof as and at the Closing Date, to the accuracy of the date statements of officers of the Seller and the Servicer made pursuant to the provisions hereof, as to the performance by the Seller and the Servicer of the Initial Sale Time, and as of the Closing Date as though then made their respective obligations hereunder and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditionsconditions precedent:

Appears in 25 contracts

Samples: Underwriting Agreement (Nissan Auto Receivables 2009-a Owner Trust), Underwriting Agreement (Nissan Auto Receivables 2011-B Owner Trust), Underwriting Agreement (Nissan Auto Receivables 2010-a Owner Trust)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof 2 hereof, in each case as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and made, to the timely performance by each of the Company of its covenants and other obligations hereunderhereunder on and as of such dates, and to each of the following additional conditions:

Appears in 21 contracts

Samples: Underwriting Agreement (Akerna Corp.), Underwriting Agreement (Advaxis, Inc.), Underwriting Agreement (Akerna Corp.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Underwritten Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as and AHFC herein on the Closing Date, to the accuracy of the date statements of Company and AHFC officers made pursuant to the provisions hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company and AHFC of its covenants and other their respective obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 16 contracts

Samples: Underwriting Agreement (Honda Auto Receivables 2020-1 Owner Trust), Underwriting Agreement (Honda Auto Receivables 2023-1 Owner Trust), Underwriting Agreement (Honda Auto Receivables 2022-2 Owner Trust)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, and as of the 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 16 contracts

Samples: Underwriting Agreement (Equifax Inc), Underwriting Agreement (Equifax Inc), Underwriting Agreement (Bce Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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 16 contracts

Samples: Underwriting Agreement (Stryker Corp), Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (National Fuel Gas Co)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, hereof and as of the 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 14 contracts

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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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 13 contracts

Samples: Underwriting Agreement (Republic Services, Inc.), Underwriting Agreement (Republic Services, Inc.), Agreement (Republic Services, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the 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 13 contracts

Samples: Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese CORP), Underwriting Agreement (ExamWorks Group, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Senior Notes as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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 10 contracts

Samples: Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Kansas City Power & Light Co)

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

Appears in 10 contracts

Samples: Underwriting Agreement (Genesis Energy Lp), Underwriting Agreement (Genesis Energy Lp), Underwriting Agreement (Genesis Energy Lp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date hereunder 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, as of the Initial Sale Time, Applicable Time and as of the Closing Date Date, as though then made 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 9 contracts

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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Parent Guarantor and the Issuer set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing Date Date, as though then made and to the timely performance by each of the Company Parent Guarantor and the Issuer of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 8 contracts

Samples: Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Shares as provided herein on the Closing Date and each applicable Date of Delivery, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth and the Forward Sellers in Section Sections 1 hereof and 2, respectively, hereof, as of the date hereof, as of the Initial Sale Applicable Time, and as of the Closing Date and each applicable Date of Delivery, as though if then made and 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 7 contracts

Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital, LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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; subject, in each case, to the right of the Underwriters to waive any such condition as they believe appropriate:

Appears in 6 contracts

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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Transaction Parties set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing Date Date, as though then made and to the timely performance by the Company each Transaction Party of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Mortgage Bonds as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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 5 contracts

Samples: Underwriting Agreement (Kansas City Power & Light Co), Underwriting Agreement (Kansas City Power & Light Co), Underwriting Agreement (Evergy Metro, Inc.)

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

Appears in 5 contracts

Samples: Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing each Representation Date as though then made and to the timely performance by each of the Company and the Guarantors of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Kansas City Southern), Underwriting Agreement (Kansas City Southern), Underwriting Agreement (Kansas City Southern)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof 2 hereof, in each case as of the date hereof, as of the Initial Sale TimeClosing Date, and as of the Closing Date as though then made and made, to the timely performance by each of the Company of its covenants and other obligations hereunderhereunder on and as of such dates, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (China Eco-Materials Group Co. LTD), Underwriting Agreement (China Eco-Materials Group Co. LTD), Underwriting Agreement (China Eco-Materials Group Co. LTD)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Offered Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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 (Bellicum Pharmaceuticals, Inc), Underwriting Agreement (Polarityte, Inc.), Warrant Agreement (Sol-Gel Technologies Ltd.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Shares as provided herein on the Closing Date and each applicable Date of Delivery, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth and the Forward Sellers in Section Sections 1 hereof and 2, respectively, hereof, as of the date hereof, as of the Initial Sale Time, and as of the Closing Date and each applicable Date of Delivery, as though then made and 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 (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 7 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the each Closing Date as though then made and made, to the timely performance by the Company of its covenants and other obligations hereunderhereunder on and as of such dates, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (HiTek Global Inc.), Underwriting Agreement (HiTek Global Inc.), Underwriting Agreement (HiTek Global Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Initial Securities as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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: Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Great Plains Energy Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Bonds as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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: Underwriting Agreement (Westar Energy Inc /Ks), Underwriting Agreement (Evergy Kansas Central, Inc.), Underwriting Agreement (Evergy Kansas Central, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be hereunder are subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof accuracy, as of the date hereof, as of the Initial Sale Time, hereof and as of the First Closing Date and each Option Closing Date (as though then if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the timely performance by the Company of its covenants and other the obligations hereunder, hereunder and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Syra Health Corp), Underwriting Agreement (Syra Health Corp), Underwriting Agreement (Lobo Ev Technologies LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and made, to the timely performance by the Company Issuers and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Notes as provided herein Units on the Closing Date shall be as provided herein is subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of Company, the date hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (Immune Pharmaceuticals Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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 herein as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made, to the accuracy of the statements of the Company made and in any certificates pursuant to the provisions hereof, 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 (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be hereunder are subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof accuracy, as of the date hereof, as of the Initial Sale Time, hereof and as of the First Closing Date and each Option Closing Date (as though then if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the timely performance by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (J-Star Holding Co., Ltd.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Companies and the Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company Companies and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Nationstar Mortgage Holdings Inc.), Underwriting Agreement (Nationstar Mortgage Holdings Inc.), Underwriting Agreement (Nationstar Mortgage Holdings Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters hereunder to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date Date, as though then made and 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 (Bridgewater Bancshares Inc), Underwriting Agreement (Enterprise Financial Services Corp), Underwriting Agreement (Great Southern Bancorp, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof made herein as of the date hereofof this Agreement and the Closing Date, as to the accuracy of the Initial Sale Timestatements of officers made pursuant hereto, and as of the Closing Date as though then made and to the timely performance by the Company Seller and the Bank of its covenants and other their obligations hereunder, and to each of the following additional conditionsconditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (Huntington Funding, LLC), Underwriting Agreement (Huntington Funding, LLC), Underwriting Agreement (Huntington Auto Trust 2016-1)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, and as of the 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 (BMC Software Inc), Underwriting Agreement (BMC Software Inc), Underwriting Agreement (BMC Software Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof made herein as of the date hereofof this Agreement and the Closing Date, as to the accuracy of the Initial Sale Timestatements of officers made pursuant hereto, and as of the Closing Date as though then made and to the timely performance by the Company Seller and SC USA of its covenants and other their obligations hereunder, and to each of the following additional conditionsconditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (Santander Drive Auto Receivables LLC), Underwriting Agreement (Santander Drive Auto Receivables LLC), Underwriting Agreement (Santander Drive Auto Receivables LLC)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Common Shares as provided herein on the Closing Date and, if applicable, each 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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 (Mueller Water Products, Inc.), Underwriting Agreement (Walter Industries Inc /New/), Mueller Water Products, Inc.

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the 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 hereof, as of the date hereof, as of the Initial Sale Time, Applicable Time and as of the Closing Date Date, as though if then made and 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 (American Capital, LTD), American Capital Strategies LTD, American Capital Strategies LTD

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, Time and as of the 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 (Flir Systems Inc), Underwriting Agreement (Flir Systems Inc), Underwriting Agreement (Flir Systems Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Shares as provided herein on the Closing Date or the Option 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, as of the Initial Sale Time, hereof and as of the Closing Date or the Option Closing Date as though then made and to made; (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 3 contracts

Samples: Underwriting Agreement (Qilian International Holding Group LTD), Underwriting Agreement (Qilian International Holding Group LTD), Underwriting Agreement (Qilian International Holding Group LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Subsidiary Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Subsidiary Guarantors of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date and 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 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date and any 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 (SM Energy Co), Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date hereunder 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, as of the Initial Sale Time, hereof and as of the 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 (Cit Group Inc), Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date Date, as though then made and 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 (Sterling Bancorp), Underwriting Agreement (Western Alliance Bancorporation), Underwriting Agreement (Sterling Bancorp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Offered Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the 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 (Bio-Path Holdings Inc), Underwriting Agreement (InspireMD, Inc.), Underwriting Agreement (Cidara Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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 (including any representation and warranty set forth in any certificate of the date hereof, as officer of the Initial Sale Time, and as Company or the Guarantor) on the part of each of the Closing Company and the Guarantor on each Representation Date as though then made and to the timely performance by each of the Company and the Guarantor of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Abb LTD), Underwriting Agreement (Abb LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the 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 2 contracts

Samples: Underwriting Agreement (Cooper Industries LTD), Underwriting Agreement (Cooper Industries LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of each of the Company and the Selling Shareholder set forth in Section Sections 1 hereof as of the date and 2 hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by each of 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 2 contracts

Samples: Intercontinental Exchange, Inc., Intercontinental Exchange, Inc.

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Depositary Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date Date, as though then made and 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 (Heartland Financial Usa Inc), Underwriting Agreement (ConnectOne Bancorp, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, Time and as of the 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 2 contracts

Samples: Underwriting Agreement (Conagra Foods Inc /De/), Underwriting Agreement (Conagra Foods Inc /De/)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Subsidiary Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the 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 2 contracts

Samples: Underwriting Agreement (Westlake Chemical Corp), Underwriting Agreement (Westlake Chemical Corp)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Notes as provided herein Shares on the Closing Date shall be is subject to the accuracy accuracy, as of the Closing Date, of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereofcontained herein, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance in all material respects by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase use their best efforts to offer and pay sell the Units for the Notes Company as provided herein on the Closing Date and each 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 2 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and as of each 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 2 contracts

Samples: Underwriting Agreement (Red Mountain Resources, Inc.), Underwriting Agreement (Red Mountain Resources, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Offered Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the 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 2 contracts

Samples: Underwriting Agreement (Cell Therapeutics Inc), Underwriting Agreement (Cti Biopharma Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein Shares on the each Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof herein (as though made on such Closing Date), to the accuracy of the date statements of Company officers made pursuant to the provisions hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (State Street Corp), Underwriting Agreement (STATE STREET Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, and as of the Closing each Representation 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 2 contracts

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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be hereunder are subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof accuracy, as of the date hereof, as of the Initial Sale Time, hereof and as of the First Closing Date and each Option Closing Date (as though then if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholder contained herein, to the timely performance by the Company and the Selling Shareholder of its covenants and other the obligations hereunder, hereunder and to each of the following additional conditions:

Appears in 2 contracts

Samples: Indemnification Escrow Agreement (Prime Skyline LTD), Underwriting Agreement (Prime Skyline LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Underwritten Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 Seller and the Servicer herein on the date hereof as and at the Closing Date, to the accuracy of the date statements of officers of the Seller and the Servicer made pursuant to the provisions hereof, as to the performance by the Seller and the Servicer of the Initial Sale Time, and as of the Closing Date as though then made their respective obligations hereunder and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Nissan Auto Receivables 2011-a Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes and the Guarantees as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of each of the Company and the Guarantor set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by each of the Company and the Guarantor of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Syngenta Ag), Underwriting Agreement (Syngenta Finance N.V.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date Underwriter hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof 2 hereof, in each case as of the date hereof, as of the Initial Sale Time, hereof and as of the each Closing Date as though then made and made, to the timely performance by each of the Company of its covenants and other obligations hereunderhereunder on and as of such dates, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Wunong Net Technology Co LTD), Underwriting Agreement (Wunong Net Technology Co LTD)

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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 Notes Offered Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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 (TherapeuticsMD, Inc.), Underwriting Agreement (Cidara Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing each Representation Date as though then made and to the timely performance by the Company and the Guarantors of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Republic Services, Inc., Environtech Inc.

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Offered Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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 (Unilife Corp), Underwriting Agreement (Sabra Health Care REIT, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of herein on the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and Date, 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, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Atwood Oceanics Inc), Underwriting Agreement (Atwood Oceanics Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers set forth in Section Sections 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and made, to the timely performance by the Company Issuers of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Inverness Medical Innovations Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Offered Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the 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 2 contracts

Samples: Underwriting Agreement (Savara Inc), Taiwan Liposome Company, Ltd.

Conditions of the Obligations of the Underwriters. The several obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof herein as of the date hereof, as of the Initial Sale Time, Applicable Time and as of the Closing Date as though then made and 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, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Aspen Insurance Holdings LTD)

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

Appears in 1 contract

Samples: Teleflex Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then respectively 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 (Boyd Gaming Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Offered Shares as provided herein on the each applicable 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, as of the Initial Sale Time, hereof and as of the each applicable Closing Date as though then made and 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 (Addus HomeCare Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then respectively made and to the timely performance by the Company and the Guarantors of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Boyd Gaming Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Shares and Warrants as provided herein on the Closing Date and 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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: CohBar, Inc.

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for any of the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of Goss herein, to the Company set forth in Section 1 hereof as accuxxxx of the date statements of officers of Goss made pursuant to thx xxovisions hereof, as to the performance by Goss of the Initial Sale Time, and as of the Closing Date as though then made its obligations xxxxunder and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Goss Graphic Systems Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall be subject to (x) the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to made, (y) the timely performance by the Company of its covenants and other obligations hereunder, and to (z) each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (DXC Technology Co)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein Units on the Closing Date shall be subject to the accuracy accuracy, as of the date hereof and as of the Closing Date, of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereofcontained herein, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, and to each of the following additional conditions:

Appears in 1 contract

Samples: Eldorado Artesian Springs Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Offered Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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 Notes Offered Shares as provided herein on the Closing Date and 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, as of the Initial Sale Time, hereof and as of the 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 (Liquidia Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes will be subject to the accuracy, as provided herein on of the date hereof and as of the Closing Date shall be subject Date, of the representations and warranties of the Depositor, the herein, to the accuracy of the representations and warranties on the part written statements of officers of the Company set forth in Section 1 hereof as Depositor, the Seller and the Servicer made pursuant to the provisions of this Section, to the date hereof, as performance by the Depositor of the Initial Sale Time, and as of the Closing Date as though then made its obligations hereunder and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Wells Fargo Student Loans Receivables I LLC

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof 2 hereof, in each case as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and made, to the timely performance by the Company of its covenants and other obligations hereunderhereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Polarityte, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the 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 (scPharmaceuticals Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes pursuant to this Underwriting Agreement are subject to (1) the accuracy on and as provided herein on of the 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 Companies herein contained, (2) the accuracy of the date hereof, as statements of officers of the Initial Sale TimeCompanies made pursuant hereto, (3) the performance by the Companies of all of their respective obligations hereunder, and the performance by the Companies of all of their respective obligations under the Agreements, and (4) the following conditions as of the 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 conditionsDate:

Appears in 1 contract

Samples: Underwriting Agreement (ACAR Leasing Ltd.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Offered Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made 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 (Astria Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as and AHFC herein on the Closing Date, to the accuracy of the date statements of Company and AHFC officers made pursuant to the provisions hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company and AHFC of its covenants and other their respective obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Honda Auto Receivables 2010-2 Owner Trust)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Offered Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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 (Iovance Biotherapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Offered Shares as provided herein on the First 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, as of the Initial Sale Time, hereof and as of the First 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 (Avalo Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof herein (as though made on the Closing Date), to the accuracy of the date statements of Company officers made pursuant to the provisions hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company of each of its covenants and other obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (State Street Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters hereunder to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date Date, as though then made and 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 (Hanmi Financial Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Shares as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made 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 (Astria Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the 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 Guarantors set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Spirit AeroSystems Holdings, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Securities as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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 (Sesen Bio, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 Seller and the Servicer herein on the date hereof as and at the Closing Date, to the accuracy of the date statements of officers of the Seller and the Servicer made pursuant to the provisions hereof, as to the performance by the Seller and the Servicer of the Initial Sale Time, and as of the Closing Date as though then made their respective obligations hereunder and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:conditions precedent: (Nissan 2019-B Underwriting Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2019-B Owner Trust)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters with respect to purchase and pay for the Notes as provided herein Shares to be delivered on the 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, as of the Initial Sale Time, hereof and as of the such Closing Date as though then made and 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 (Vector Group LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof herein (as though made on the Closing Date), to the accuracy of the date statements of Company officers made pursuant to the provisions hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Aon Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes as provided herein on the 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, as of the Initial Sale Time, and as of the 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 (Ebay Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Units as provided herein on the 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, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and 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: Cerus Corp

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantor set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then made and made, to the timely performance by the Company Issuers and the Guarantor of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Shares as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Partnership set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, hereof and as of the Closing Date as though then Date, to the accuracy of the statements of the Company and the Partnership made and in any certificates pursuant to the provisions hereof, to the timely performance by the Company and the 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 (Parkway Properties Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Notes Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantor set forth in Section 1 hereof as of the date hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantor of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Westinghouse Air Brake Technologies Corp)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Notes Offered Securities as provided herein on the First 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, as of the Initial Sale Time, hereof and as of the First Closing Date as though then made and 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 (Abeona Therapeutics Inc.)

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