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

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofherein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofherein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofherein, to the accuracy of the statements of officers of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of and the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofIssuer herein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Issuer of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date Settlement Date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofeach Subsidiary Guarantor herein, to the accuracy of the statements of officers of the Company and each Subsidiary Guarantor made in any certificates pursuant to the provisions hereof, to the performance by the Company and each Subsidiary Guarantor of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase arrange for the Firm Securities and sale of the Optional Securities, Shares as provided herein on the case may be, Closing Date shall be subject to (1) the accuracy of the representations and warranties on the part of the Company contained herein set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date and any settlement date pursuant to Section 4 hereof, to as though then made; (2) the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder hereunder; and to (3) each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of each of the Company contained and the Guarantor herein as of on the Execution Time, date hereof and on the Closing Date and any settlement date pursuant to Section 4 hereof(as though made on the Closing Date), to the accuracy of the statements of officers of each of the Company and the Guarantor made in any certificates pursuant to the provisions hereof, to the performance by each of the Company and the Guarantor of its their respective obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofherein, to the accuracy of the statements of the Company and Guarantor officers made in any certificates pursuant to the provisions hereof, to the performance by each of the Company and the Guarantor of its their respective obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained Republic and the Seller herein on and as of the Execution Time, date of the Terms Agreement and the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company Republic, the Seller and their officers, as applicable, made in any certificates pursuant to the provisions hereof, to the performance by the Company Republic and the Seller of its obligations their obligations, as applicable, hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy accuracy, in all material respects, of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofherein, to the accuracy accuracy, in all material respects, of the statements of officers of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Firm Offered Securities and as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to (1) the accuracy of the representations and warranties on the part of the Company contained herein set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date and any settlement date pursuant to Section 4 hereof, to as though then made; (2) the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder hereunder; and to (3) each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, date and time that the Terms Agreement is executed and delivered by the parties thereto and as of the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained and the Issuer herein as of the Execution Time, on the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Issuer of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Firm Securities Units and the Optional SecuritiesUnits, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to the accuracy of the representations representations, warranties and warranties agreements on the part of the Company contained herein set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date and any settlement date pursuant to Section 4 hereofas though then made, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Underwritten Securities and pursuant to the Optional Securities, as the case may be, shall applicable Terms Agreement will be subject to the accuracy of the representations and warranties on the part of the Company contained herein herein, as of the Execution Time, date of such Terms Agreement and as of the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters each Underwriter to purchase the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date Settlement Date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and that are the Optional Securities, as subject of the case may be, shall applicable Terms Agreement will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as on the date hereof and at the time of the Execution Time, execution of such Terms Agreement and on the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereofherein, to the accuracy in all material respects of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance in all material respects by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Timedate of this Agreement, the Closing Date and any settlement date pursuant to Section 4 5(b) hereof, to the accuracy of the statements of the Company Company’s officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and as provided herein at the Optional Securities, as the case may be, Closing Time shall be subject to the accuracy of the condition that all representations and warranties on the part of the Company contained herein and the Parent Guarantor set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date Time as though then made are true and any settlement date pursuant to Section 4 hereof, correct and to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company and the Parent Guarantor of its their obligations hereunder hereunder, and to the satisfaction or waiver, as determined by the Representatives in their sole discretion, to each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Purchased Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, date of the applicable Terms Agreement and the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date and any settlement date pursuant to Section 4 hereofas though then made, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The -------------------------------------------------- obligations of the Underwriters of any Designated Securities under the Pricing Agreement relating to purchase the Firm such Designated Securities and the Optional Securities, as the case may be, shall be subject subject, in the discretion of the Representatives, to the accuracy of the condition that all representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereof, to the accuracy of the other statements of the Company made in any certificates pursuant to herein are, at and as of the provisions hereofTime of Delivery for such Designated Securities, to true and correct, the performance by condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and to the following additional conditionsconditions applicable to such Designated Securities:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities pursuant to this Agreement and the Optional Securities, as the case may be, shall Terms Agreement will be subject to the accuracy of the representations and warranties on the part of the Company contained herein herein, as of the Execution Time, date of such Terms Agreement and as of the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Timedate of this Agreement, the Closing Date and any settlement date pursuant to Section 4 4(b) hereof, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase the Firm Securities and the Optional Securities, as the case may be, under this Agreement shall be subject to the accuracy of the representations and warranties on the part of the Company contained and Selling Shareholder herein set forth as of the Execution Time, the date hereof and as of each Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of the Company Company’s and Selling Shareholder’s officers made in any certificates pursuant to the provisions hereof, to the performance in all material respects by the Company and Selling Shareholder of its their respective obligations hereunder hereunder, and to the following additional conditions, unless waived in writing by the Representatives:

Conditions of the Obligations of the Underwriters. The respective obligations of the Underwriters hereunder and under the Terms Agreement as to purchase the Firm Offered Securities and the Optional Securities, as the case may beto be delivered at each Time of Delivery, shall be subject subject, in the sole discretion of the Representatives, to the accuracy of the condition that all representations and warranties on the part of the Company contained [and the Selling Stockholders] herein are, at and as of the Execution TimeTime of Delivery, true and correct, the Closing Date and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of condition that the Company made in any certificates pursuant to [and the provisions hereof, to the performance by the Company Selling Stockholders] shall have performed all of its and their obligations hereunder and under the Terms Agreement theretofore to be performed and the following additional conditions:

Conditions of the Obligations of the Underwriters. (a) The obligations of the several Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained and the Selling Shareholder herein as of the Execution Time, Applicable Time and on the Closing Date and any settlement date pursuant to Section 4 hereofDate, to the accuracy of the statements of Company officers and the Company Selling Shareholder officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholder of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, Shares shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein in Section 2 hereof, in each case as of the Execution Timedate hereof and as of each Delivery Date, the Closing as if made on and as of such Delivery Date and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Firm Securities Shares and the Optional SecuritiesShares, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Timedate of this Agreement, the Closing Date and any settlement date pursuant to Section 4 5(b) hereof, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, provided herein on each Date of Delivery shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein Partnership set forth in Section 1 hereof as of the Execution Time, the Closing date hereof and as of each Date of Delivery as though then made and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company Partnership of its their covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares as provided herein on the Closing Date and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date as though then made and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities and as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein and the Guarantors set forth in Section 1 hereof as of the Execution Time, the Closing each Representation Date as though then made and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company and the Guarantors of its their covenants and other obligations hereunder 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:

Conditions of the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Firm Securities and the Optional Securities, as the case may be, under this Agreement shall be subject subject, in the discretion of the Underwriters, (i) to the accuracy of the condition that all representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any settlement date pursuant to Section 4 hereof, to the accuracy of the other statements of the Company made in any certificates pursuant herein are, at and as of the Time of Delivery for the Firm Shares and at and as of the Additional Time of Delivery (if any) for the Option Shares, true and correct, and (ii) to the provisions hereof, to the performance by condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and to the following additional conditions: