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

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 10 contracts

Samples: Common Stock (Skywest Inc), Underwriting Agreement (Rainbow Rentals Inc), Common Stock (Kuhlman Corp)

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Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their respective covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 7 contracts

Samples: Underwriting Agreement (Goodys Family Clothing Inc /Tn), Underwriting Agreement (Amresco Inc), Underwriting Agreement (Amresco Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 7 contracts

Samples: Underwriting Agreement (Midas Medici Group Holdings, Inc.), Underwriting Agreement (Midas Medici Group Holdings, Inc.), Underwriting Agreement (Sun Bancorp Inc /Nj/)

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery Securities, as provided herein, shall be subject, in their discretion, subject to the continuing accuracy (in all material respects) of the representations and warranties of the Company contained herein as of the date hereof and as of such Time each of Deliverythe Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, hereof and to the performance by the Company of its covenants and agreements hereunder, obligations hereunder and to the following additional conditions precedentconditions:

Appears in 6 contracts

Samples: Underwriting Agreement (AeroGrow International, Inc.), Underwriting Agreement (American Telecom Services Inc), Underwriting Agreement (Passport Restaurants, Inc.)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares Securities to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (Empire Financial Holding Co), Underwriting Agreement (Empire Financial Holding Co), Empire Financial Holding Co

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its their respective covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 3 contracts

Samples: Summit Holding Southeast Inc, Summit Holding Southeast Inc, Summit Holding Southeast Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Firm Shares to be delivered at each Time of Delivery shall be subject, in their the Representative's sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time the Closing Date, as if made on and as of Deliverythe Closing Date, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, hereunder and to the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Maverick Tube Corporation, Maverick Tube Corporation

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company the Company’s officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Community Bank System Inc), Underwriting Agreement (Community Bank System Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:the

Appears in 2 contracts

Samples: Underwriting Agreement (Sun Bancshares Inc), Underwriting Agreement (Sun Bancshares Inc)

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (American Safety Insurance Group LTD), Underwriting Agreement (American Safety Insurance Group LTD)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of each of the Company and Parent contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by each of the Company and Parent of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Symons International Group Inc), Underwriting Agreement (Symons International Group Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholder contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholder of its their respective covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Universal Document MGMT Systems Inc), A Consulting Team Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery Shares, as provided herein, shall be subject, in their discretion, subject to the continuing accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time each of Delivery, the Closing Date and any Option Closing Date to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, hereof and to the performance by the Company of its covenants and agreements hereunder, obligations hereunder and to the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Dunn Computer Corp), Underwriting Agreement (Puro Water Group Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its respective covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Infocure Corp), Underwriting Agreement (General Roofing Services Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company Company, contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Vantagemed Corp)

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their respective covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Account4 Com Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder Underwriter to purchase and pay for the Shares to be delivered at each Time of Delivery as provided herein shall be subject, in their discretionthe discretion of the Underwriter, to the continuing accuracy of the representations and warranties of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Underwriter, as of the date hereof and as of such the Closing Time of Delivery(or the Option Closing Time, to as the accuracy of the statements of Company officers made pursuant to the provisions hereofcase may be), to the performance by the Company of its covenants and agreements obligations hereunder, and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Full House Resorts Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company and the Significant Subsidiaries contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Group Maintenance America Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder Underwriter hereunder, as to purchase and pay for the Shares to be delivered at each the Time of Delivery Delivery, shall be subject, in their its discretion, to the accuracy of the condition that all representations and warranties and other statements of the Company contained herein as of are true and correct, the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by condition that the Company shall have performed all of its covenants and agreements hereunderobligations hereunder theretofore to be performed, and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (New York Community Bancorp Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder to purchase and pay for the Shares to be delivered at each the Time of Delivery shall be subject, in their its discretion, to the accuracy of the representations and warranties of each of the Company Company, the Bank, and the Selling Shareholder contained herein as of the date hereof and as of such the Time of Delivery, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholder of its their respective covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Northeast Bancorp /Me/

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Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder Underwriter to purchase and pay for Shares pursuant hereto at the Shares to be delivered at each Closing Time or on the relevant Date of Delivery shall be subjectDelivery, in their discretionas the case may be, are subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and as of such Time of Deliveryin Section 1, to the accuracy of the statements of Company the Company’s officers made in any or in certificates of the Company or any of its subsidiaries furnished pursuant to the provisions hereof, to the performance by the Company of all of its covenants and agreements hereunder, other obligations hereunder and to the following additional conditions precedentfurther conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Lynch & Co Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of each of the Company and the Selling Shareholders contained herein as of the date hereof and as of such each Time of Delivery, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their respective covenants and agreements hereunder, and to the following additional conditions precedentconditions, except to the extent expressly waived in writing by the Representative:

Appears in 1 contract

Samples: Underwriting Agreement (Gold Banc Corp Inc)

Conditions of the Underwriters’ Obligations. The ------------------------------------------- obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Sun Bancorp Inc /Nj/)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their respective covenants and agreements hereunderhereunder which are to be performed as of such Time of Delivery, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Common Stock (Optimal Robotics Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholder contained herein as of the date hereof and as of such Time of Delivery, to the accuracy in all material respects of the statements of Company officers made pursuant to the provisions hereof, to the performance in all material respects by the Company and the Selling Shareholder of its their respective covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: A Consulting Team Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Southernbank Holdings Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy in all material respects of the representations and warranties of each of the Company and the Bank contained herein as of the date hereof and as of such Time of Delivery, to the accuracy in all material respects of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance in all material respects by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Merchants Bancshares Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of each of the Company and the Bank contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Merchants Bancshares Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, subject to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions of Section 7(h) hereof, to the performance by the Company of its their covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Florida Banks Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers and the Selling Shareholders made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Conformed Copy (Compucom Systems Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their its discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Ecb Bancorp Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its and their covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (K&g Mens Center Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its their covenants and agreements hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Ic Isaacs & Co Inc)

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