Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 95 contracts
Samples: Underwriting Agreement (Reebonz Holding LTD), Underwriting Agreement (Vivos Therapeutics, Inc.), Underwriting Agreement (60 Degrees Pharmaceuticals, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 20 contracts
Samples: Underwriting Agreement (Biocept Inc), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Synlogic, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 20 contracts
Samples: Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (GigOptix, Inc.), Underwriting Agreement (UniTek Global Services, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 20 contracts
Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Goldleaf Financial Solutions Inc.), Underwriting Agreement (ConnectOne Bancorp, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 19 contracts
Samples: Underwriting Agreement (bioAffinity Technologies, Inc.), Underwriting Agreement (bioAffinity Technologies, Inc.), Underwriting Agreement (bioAffinity Technologies, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 17 contracts
Samples: Underwriting Agreement (Inuvo, Inc.), Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Reed's, Inc.)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 13 contracts
Samples: Underwriting Agreement (Saul Centers Inc), Underwriting Agreement (Levitt Corp), Underwriting Agreement (Jameson Inns Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 11 contracts
Samples: Underwriting Agreement (Catabasis Pharmaceuticals Inc), 6 (Harbin Electric, Inc), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on the Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder in all material respects and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on the Date of Delivery, as applicable:
Appears in 10 contracts
Samples: Underwriting Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Anworth Mortgage Asset Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of accuracy on the date hereof and at all times through the Closing Dateof this Underwriting Agreement, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable)Dates, of and compliance with all representations, warranties and agreements the representations of the Company contained hereinTrust and the Investment Adviser in this Underwriting Agreement, to the accuracy and completeness of all statements made by the Trust or the Investment Adviser or any of their respective officers in any certificate delivered to the Representatives or their counsel pursuant to this Underwriting Agreement, to performance by the Company Trust and the Investment Adviser of its their respective obligations hereunder under this Underwriting Agreement and to each of the following additional conditions:
Appears in 10 contracts
Samples: Underwriting Agreement (Eaton Vance Senior Income Trust), Eaton Vance New Jersey Municipal Income Trust, Eaton Vance Pennsylvania Municipal Income Trust
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of accuracy on the date hereof and at all times through the Closing Dateof this Underwriting Agreement, and on each Option Closing Date (as if made on of the Closing Date or such Option Closing Date, as applicable)Dates, of and compliance with all representations, warranties and agreements the representations of the Company contained hereinFund and the Investment Manager in this Underwriting Agreement, to the accuracy and completeness of all material statements made by the Fund and the Investment Manager or any of their respective officers in any certificate delivered to the Managing Representative or its counsel pursuant to this Underwriting Agreement, to performance by the Company Fund and the Investment Manager of its their respective obligations hereunder under this Underwriting Agreement and to each of the following additional conditions:
Appears in 10 contracts
Samples: Underwriting Agreement (Pimco Municipal Income Fund), Underwriting Agreement (Pimco Municipal Income Fund Ii), Underwriting Agreement (Nicholas Applegate Convertible & Income Fund Ii)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, accuracy of the representations and warranties on the part of the Company hereunder as of the date hereof Initial Sale Time and at all times through the Closing DateTime, and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 9 contracts
Samples: Underwriting Agreement (OFS Capital Corp), Underwriting Agreement (OFS Capital Corp), Underwriting Agreement (OFS Credit Company, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Underwriting Agreement (Plug Power Inc), Underwriting Agreement (Tonix Pharmaceuticals Holding Corp.)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters hereunder Underwriter to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, provided herein is subject to the performance by the Company and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Sirona Dental (Sirona Dental Systems, Inc.), Underwriting Agreement (Burger King Holdings Inc), Fleetcor Technologies Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Operating Partnership hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date of Delivery, as applicable (as if made on the Closing Date or and as of such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Operating Partnership of its their respective obligations hereunder and the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 7 contracts
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (Superior Drilling Products, Inc.), Underwriting Agreement (Taggares Agriculture Corp.), Underwriting Agreement (SD Co Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (Biocept Inc), Underwriting Agreement (Biocept Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.)
Conditions of the Underwriters’ Obligations. The respective several obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such each Option Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, are subject to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Intec Pharma Ltd.), Underwriting Agreement (TVAX Biomedical, Inc.), Underwriting Agreement (Medgenics, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Securities at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, accuracy of the representations and warranties on the part of the Company hereunder as of the date hereof Initial Sale Time and at all times through the Closing DateTime, and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 5 contracts
Samples: Staffing Agreement (OFS Capital Corp), Underwriting Agreement (OFS Capital Corp), Underwriting Agreement (OFS Capital Corp)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the First Closing Date or such on each Option Closing Date, as applicable), are subject to the accuracy of the representations and compliance with all representations, warranties and agreements on the part of the Company contained hereinhereunder on the date hereof and on the First Closing Date and on each Option Closing Date, as applicable, the performance by the Company of its covenants and other obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the First Closing Date or on each Option Closing Date, as applicable:
Appears in 5 contracts
Samples: Underwriting Agreement (GMH Communities Trust), Underwriting Agreement (GMH Communities Trust), Falcon Financial Investment Trust
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or at each Option Closing Time, as applicable:
Appears in 5 contracts
Samples: Underwriting Agreement (Stronghold Digital Mining, Inc.), Underwriting Agreement (Rhodium Enterprises, Inc.), Underwriting Agreement (Stronghold Digital Mining, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (AmpliPhi Biosciences Corp), Underwriting Agreement (AmpliPhi Biosciences Corp), Underwriting Agreement (AmpliPhi Biosciences Corp)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters hereunder Underwriter to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such the Option Shares on the Additional Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, as provided herein is subject to the performance by the Company and the Selling Stockholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: CommScope Holding Company, Inc., CommScope Holding Company, Inc., CommScope Holding Company, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Transaction Parties hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance in all material respects by the Company of its obligations hereunder and the Transaction Parties of their respective obligations hereunder, and the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 4 contracts
Samples: Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Solitario Exploration & Royalty Corp.), Underwriting Agreement (Mines Management Inc), Underwriting Agreement (RMG Networks Holding Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, Date and on each any Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (KIT Digital, Inc.), Underwriting Agreement (China-Biotics, Inc), Underwriting Agreement (KIT Digital, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Date or any applicable Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Biocept Inc), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several ------------------------------------------- Underwriters hereunder to purchase Shares at the Shares Closing Time or on the Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder in all material respects and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on the Date of Delivery, as applicable:
Appears in 3 contracts
Samples: Innovative Solutions And (Innovative Solutions & Support Inc), Anworth Mortgage Asset Corp, Anworth Mortgage Asset Corp
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder hereunder, and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or at each Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to (i) the accuracyaccuracy of the representations and warranties on the part of the Company, as of on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Horsehead Holding Corp), Underwriting Agreement (Horsehead Holding Corp), Underwriting Agreement (Horsehead Holding Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained hereinherein in all material respects, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Mobiquity Technologies, Inc.), Underwriting Agreement (Mobiquity Technologies, Inc.), Underwriting Agreement (Mobiquity Technologies, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Initial Closing Time or at the Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Initial Closing Date, Time and on each at the Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the satisfaction of the following additional conditionsfurther conditions at the Initial Closing Time or at the Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Capital Lease Funding Inc), Underwriting Agreement (Capital Lease Funding Inc), Capital Lease Funding Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its their obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Massimo Group (Massimo Group), Underwriting Agreement (Massimo Group), Underwriting Agreement (Massimo Group)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Operating Partnership hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Operating Partnership of its their respective obligations hereunder and to the satisfaction of the following additional conditions:further conditions at the Closing Time or on each Date of Delivery, as applicable.
Appears in 3 contracts
Samples: Underwriting Agreement (Highland Hospitality Corp), Underwriting Agreement (Highland Hospitality Corp), Underwriting Agreement (Highland Hospitality Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on the Date of Delivery, as applicable, are several and not joint, and are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its respective obligations hereunder in all material respects and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on the Date of Delivery, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Opinion Research Corp), Underwriting Agreement (Opinion Research Corp), Underwriting Agreement (Opinion Research Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Initial Closing Time or at the Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Initial Closing Date, Time and on each at the Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the satisfaction (or waiver by the Representatives) of the following additional conditionsfurther conditions at the Initial Closing Time or at the Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (CapLease, Inc.), Underwriting Agreement (CapLease, Inc.), Underwriting Agreement (CapLease, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase and pay for the Shares are Shares, as provided herein, shall be subject to the accuracy, continuing accuracy of the representations and warranties of the Company as of the date hereof and at all times through the Closing Date, and on as of each Option Closing Date (as if made on of the Closing Date or such and the Option Closing Date, as applicable)if any, to the accuracy of and compliance with all representations, warranties and agreements the statements of officers of the Company contained herein, made pursuant to the provisions hereof and to the performance by the Company of its obligations hereunder and to the following additional conditions:.
Appears in 3 contracts
Samples: Underwriting Agreement (Gentium S.p.A.), Underwriting Agreement (Gentium S.p.A.), Gentium S.p.A.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Offered Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option any Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Plug Power (Plug Power Inc), Underwriting Agreement (Plug Power Inc), Underwriting Agreement (Parkervision Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Pioneer Power Solutions, Inc.), Underwriting Agreement (Pioneer Power Solutions, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Bionano Genomics, Inc), Underwriting Agreement (Bionano Genomics, Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Operating Partnership hereunder on the date hereof and at all times through the Closing Date, and on each Option Closing Date Time (as if made on the Closing Date or and as of such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Operating Partnership of its their respective obligations hereunder and the satisfaction of the following additional conditionsfurther conditions at the Closing Time:
Appears in 2 contracts
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Patriot Risk Management, Inc.), Underwriting Agreement (Patriot Risk Management, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: HighPeak Energy, Inc., HighPeak Energy, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracyaccuracy in all material respects, unless qualified by materiality and then in all respects, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof hereof, and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Heat Biologics, Inc.), Underwriting Agreement (Heat Biologics, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Pixelworks, Inc), Underwriting Agreement (Pixelworks, Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option any Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (UpHealth, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Underwritten Units are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Frankly Inc), Underwriting Agreement (Frankly Inc)
Conditions of the Underwriters’ Obligations. The respective Underwriters' obligations of the several Underwriters hereunder to purchase and pay for the Shares are subject to the accuracy, (as of the date hereof and at all times through hereof, the Closing Date, Time and on each the Option Closing Date (as if made on Exercise Time) to the Closing Date or such Option Closing Date, as applicable), accuracy of and compliance with all representations, the representations and warranties and agreements of the Company contained hereinherein and in each certificate and document contemplated under this Agreement to be delivered, to the performance by the Company of its obligations covenants and agreements hereunder and under each such certificate and document, and to the following additional conditions:
Appears in 2 contracts
Samples: Flagstar Bancorp Inc, Oak Hill Financial Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Neuralstem, Inc.), Underwriting Agreement (Neuralstem, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, Date and on each any Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Solta Medical Inc), Underwriting Agreement (KIT Digital, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and each Selling Stockholder hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and each Selling Stockholder of its their respective obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (FBR Capital Markets Corp), Underwriting Agreement (Arlington Asset Investment Corp.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its their obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (GigPeak, Inc.), Underwriting Agreement (GigOptix, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (A.S.V., LLC), Underwriting Agreement (Asv Holdings, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc)
Conditions of the Underwriters’ Obligations. The respective several obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such and each Option Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, are subject to the performance by the Company and each of its the Selling Shareholders of their respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Coastal Financial Corp), Underwriting Agreement (Capital Bancorp Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, Date and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (ECOLOMONDO Corp INC.), Underwriting Agreement (Medical Transcription Billing, Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracyaccuracy in all material respects, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of all representations and compliance with all representations, warranties and agreements of the Company contained hereinherein (other than those representations and warranties of the Company that are qualified as to materiality, which shall be accurate in all respects), the performance compliance by the Company of with its obligations agreements hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Rada Electronic Industries LTD), Underwriting Agreement (Cpi Aerostructures Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase and pay for the Shares are shall be subject to the accuracy, accuracy of the representations and warranties of the Company set forth herein as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such and any Option Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements to the accuracy of the Company contained hereinstatements of the Company’s directors and officers, to the performance by the Company of its obligations hereunder and to the following additional conditions, except to the extent expressly waived in writing by the Representative:
Appears in 2 contracts
Samples: Underwriting Agreement (Bancshares of Florida Inc), Underwriting Agreement (Bancshares of Florida Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to (i) the accuracyaccuracy in all material respects of the representations and warranties of the Company contained herein, in each case, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicable), of and (ii) compliance with all representations, warranties and agreements of the Company contained herein, in each case at or prior to each Closing Date and (iii) the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Princeton Review Inc)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Verb Technology Company, Inc.), Underwriting Agreement (Verb Technology Company, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracyaccuracy of the representations and warranties on the part of the Company, as of NYMC and the Founding Members hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company Company, NYMC and the Founding Members of its their respective obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (New York Mortgage Trust Inc), New York Mortgage Trust Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (LCNB Corp), Underwriting Agreement (Uranium Trading Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Shares, the Pre-Funded Warrants and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares and the ADSs are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Ossen Innovation Co. Ltd.), Underwriting Agreement (Ossen Innovation Co. Ltd.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, the performance by the Company and the Selling Stockholder of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Kid Brands, Inc), Underwriting Agreement (D. E. Shaw Laminar Portfolios, L.L.C.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Operating Partnership hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Operating Partnership of its their respective obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Highland Hospitality Corp), Feldman Mall Properties, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Selling Shareholder of its each of their obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Roma Green Finance LTD), Underwriting Agreement (Roma Green Finance LTD)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Igi Laboratories, Inc), Underwriting Agreement (Tg Therapeutics, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Yuhe International, Inc.), Underwriting Agreement (You on Demand Holdings, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Firm Units, Option Shares and Option Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Mri Interventions, Inc.), Underwriting Agreement (Mri Interventions, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholder contained herein, the performance by the Company and the Selling Shareholder of its their obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Fathom Holdings Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Securities at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, accuracy of the representations and warranties on the part of the Company hereunder as of the date hereof Initial Sale Time and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (OFS Capital Corp), Underwriting Agreement (Suro Capital Corp.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option applicable Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its and their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Profire Energy Inc), Underwriting Agreement (Profire Energy Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or at each Option Closing Time, as applicable, are subject to the accuracyaccuracy of the representations and warranties of the Company hereunder, as of on the date hereof and at all times through the Closing Date, Time and on at each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder hereunder, and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or at each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Pacific DataVision, Inc.), Underwriting Agreement (Pacific DataVision, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder Underwriter to purchase the Shares Securities are subject to the accuracy, as of the date hereof hereof, and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracyaccuracy in all material respects, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance in all material respects by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares Securities are subject to the accuracyaccuracy of, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of ) and compliance with in all material respects with, all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Graymark Healthcare, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares and the ADSs are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Grand Farm Inc.), Underwriting Agreement (Kingtone Wirelessinfo Solution Holding LTD)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Public Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (BioNano Genomics, Inc), Underwriting Agreement (Lytus Technologies Holdings PTV. Ltd.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracyaccuracy of the representations and warranties of the Company, as of the Operating Partnership and the Manager hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder Company, the Operating Partnership and the Manager of their respective obligations hereunder, and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 1 contract
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, including, without limitation, the representation and warranty of the Company set forth in Section 3(a)(viii)(e), the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 1 contract
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of all representations and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its agreements and obligations hereunder and the following additional conditions:
Appears in 1 contract
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 1 contract
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters Underwriter hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditions:further conditions at the Closing Time or on each Date of Delivery, as applicable.
Appears in 1 contract
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the First Closing Date or such on each Option Closing Date, as applicable), are subject to the accuracy of the representations and compliance with all representations, warranties and agreements on the part of the Company contained hereinhereunder and on the First Closing Date and on each Option Closing Date, as applicable, the performance by the Company of its respective covenants and other obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the First Closing Date or on each Option Closing Date, as applicable:
Appears in 1 contract
Samples: Underwriting Agreement (American Financial Realty Trust)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, the performance by the Company and the Selling Stockholder of its obligations hereunder and the following additional conditions:
Appears in 1 contract
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracyaccuracy of the representations and warranties on the part of the Company, as of the Operating Partnership and the Advisor hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date of Delivery, as applicable (as if made on the Closing Date or and as of such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company Company, the Operating Partnership and the Advisor of its their respective obligations hereunder and the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 1 contract
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Shares on the Shares Closing Date or on the Additional Closing Date, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option and on the Additional Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions on the Closing date or on the Additional Closing Date, as applicable:
Appears in 1 contract
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through hereof, on the Closing Date, and on each any Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 1 contract
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through hereof, on the Closing Date, and on each any Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:: Mohawk Group Holdings, Inc. 15 Underwriting Agreement
Appears in 1 contract
Samples: Underwriting Agreement (Mohawk Group Holdings, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 1 contract
