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

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder to purchase the Securities are subject to the accuracy, as of the date hereof and at the Closing Date (as if made on the Closing Date), 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 (Marina Biotech, Inc.), Underwriting Agreement (iBio, Inc.), Underwriting Agreement (Marina Biotech, Inc.)

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Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase the Securities are shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company and the Guarantor contained herein as of the date hereof Time of Sale and at the Closing Date (as if made on the Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinand the Guarantor made in any certificates delivered to the Underwriters pursuant to the provisions hereof, to the performance by the Company and the Guarantor at or prior to the Closing Date of its their respective obligations hereunder that are required to be performed at or prior to the Closing Date and to the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Rogers Communications Inc), Underwriting Agreement (Rogers Communications Inc), Underwriting Agreement (Rogers Communications Inc)

Conditions of the Underwriters’ Obligations. The obligations obligation of the Underwriter hereunder to purchase the Offered Securities are shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at the Closing Date (as if made on of the Closing Date), of and compliance with all representations, warranties and agreements to the accuracy of the Company contained hereinstatements of the Company, the Servicer and the Special Servicer made in any certificate pursuant to the provisions hereof, to the performance by the Company in all material respects of its obligations hereunder and to the following additional conditions:

Appears in 5 contracts

Samples: Prudential Securities (Prudential Securities Secured Financing Corp), Prudential Securities (Prudential Securities Secured Financing Corp), Prudential Securities (Prudential Securities Secured Financing Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase the Securities are shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company and the Guarantor contained herein as of the date hereof Time of Sale and at the Closing Date (as if made on the Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinand the Guarantor made in any certificates delivered to the Underwriters pursuant to the provisions hereof, to the performance by the Company and the Guarantor of its their respective obligations hereunder at or prior to the Closing Date and to the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Rogers Communications Inc), Underwriting Agreement (Rogers Communications Inc), Underwriting Agreement (Rogers Communications Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter Underwriters hereunder to purchase Offered Securities at the Securities Closing Time are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Seller hereunder on the date hereof hereof, the Initial Sale Time and at the Closing Date (as if made on the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinTime, the performance by the Company of its covenants and other obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time:

Appears in 4 contracts

Samples: Underwriting Agreement (First NLC Securitization, Inc.), Underwriting Agreement (FBR Securitization, Inc.), Underwriting Agreement (First NLC Securitization, Inc.)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder to purchase and pay for the Securities are Securities, 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 as of each of the Closing Date (as if made on and the Option Closing Date), 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 4 contracts

Samples: Underwriting Agreement (Teardrop Golf Co), Underwriting Agreement (Dental Medical Diagnostic Systems Inc), Underwriting Agreement (Millbrook Press Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder to purchase the Securities are subject to the accuracy, as of the date hereof and at the Closing Date (as if made on at the Closing Date), 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 (Catabasis Pharmaceuticals Inc), Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (Wave Systems Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter Underwriters hereunder to purchase Shares at the Securities 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 and the Selling Stockholders in all material respects on the date hereof and at the Closing Time and on each Date (of Delivery, as if made on the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinapplicable, the performance by the Company and the Selling Stockholders of its their 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: New Century Financial Corp, American Home Mortgage Holdings Inc, American Home Mortgage Holdings Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase the Securities are shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at the Closing Date (as if made on hereof, the Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

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

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase the Underwritten Securities are and the Option Securities, as the case may be, shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at hereof, the Closing Date (as if made on and any Settlement Date, to the Closing Date), accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

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

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder to purchase the Securities are subject to the accuracy, as of the date hereof hereof, and at the Closing Date (as if made on the Closing Date), 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 (Titan Pharmaceuticals Inc), Soligenix, Inc.

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Securities are as provided therein shall be subject to the accuracy, as of the date hereof of the Terms Agreement and at the Firm Closing Date or the Option Closing Date, as the case may be (as if made on the at such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions:

Appears in 2 contracts

Samples: Travelers (Travelers Capital Vii), Travelers Group Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase the Securities are Securities, shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at the Closing Date (as if made on hereof, the Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

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

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase the Underwritten Securities are and the Option Securities, as the case may be, shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at hereof, the Closing Date (as if made on and any settlement date, to the Closing Date), accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

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

Conditions of the Underwriters’ Obligations. (a) The obligations of the Underwriter Underwriters hereunder to purchase Preferred Securities at the Securities 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 Trust and the Company hereunder on the date hereof and at the Closing Time and on each Date (of Delivery, as if made on the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinapplicable, the performance by the Trust and the Company 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 (Westcoast Hospitality Capital Trust), Underwriting Agreement (Westcoast Hospitality Capital Trust)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter Underwriters hereunder to purchase the Securities are subject to the accuracy, as of the date hereof and at the Closing Date (as if made on the Closing Date), 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 (Palatin Technologies Inc), Underwriting Agreement (Palatin Technologies Inc)

Conditions of the Underwriters’ Obligations. The obligations obligation of the Underwriter hereunder to purchase the Offered Securities are shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at the Closing Date (as if made on of the Closing Date), of and compliance with all representations, warranties and agreements to the accuracy of the Company contained hereinstatements of the Company, the Master Servicer [and the Special Servicer], made in any certificate pursuant to the provisions hereof, to the performance by the Company in all material respects of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Commercial Mortgage Acceptance Corp), Commercial Mortgage Acceptance Corp

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase and pay for the Securities are Securities, 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 as of each of the Closing Date (as if made on and the Option Closing Date), 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 2 contracts

Samples: Underwriting Agreement (Cpi Aerostructures Inc), Underwriting Agreement (Trident Rowan Group Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Securities are Securities, 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 each of the Closing Date (as if made on and the Option Closing Date), 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 2 contracts

Samples: Underwriting Agreement (Augment Systems Inc), Underwriting Agreement (Augment Systems Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Offered Securities are shall be subject to the accuracy, accuracy of the representations and the warranties on the part of the Company herein contained as of the date hereof and at the Closing Date (as if made on the of each Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Cleco Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Securities at the Closing Time or on the Date of Delivery, if any, as applicable, are subject to the accuracy, as accuracy of the representations and warranties of the Trust and the Company in all material respects on the date hereof and at the Closing Time and on each Date (of Delivery, as if made on the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinapplicable, the performance by the Trust and the Company of its their respective obligations hereunder in all material respects and to the satisfaction of the following additional conditions:further conditions at the Closing Time or on each Date of Delivery, if any, as applicable.

Appears in 1 contract

Samples: KBK Capital Trust I

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Conditions of the Underwriters’ Obligations. The obligations of the Underwriter Underwriters hereunder to purchase Shares at the Securities Closing Time or on any 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 and the Selling Stockholders on the date hereof and at the Closing Time and on each Date (of Delivery, as if made on the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinapplicable, the performance by the Company and the Selling Stockholders of its their 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 1 contract

Samples: Underwriting Agreement (Planvista Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase the Underwritten Securities are and the Option Securities, as the case may be, shall be subject to the accuracy, as accuracy of the date hereof representations and at the Closing Date (as if made warranties on the Closing Date), of and compliance with all representations, warranties and agreements part of the Company contained hereinherein as of the Execution Time, the Closing Date and any Settlement Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Citigroup Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase the Underwritten Securities are and the Option Securities, as the case may be, shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at hereof, the Closing Date (as if made on and any settlement date, to the Closing Date), accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Citigroup Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder several Underwriters to purchase the Securities are Securities, as the case may be, shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at the Closing Date (as if made on the Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Citigroup Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Securities are as provided herein shall be subject to the accuracyaccuracy in all material respects, as of the date hereof of the Terms Agreement and at the Closing Date (as if made on at the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions:

Appears in 1 contract

Samples: American Express Credit Corp

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Securities are as provided herein shall be subject to the accuracy, accuracy in all material respects as of the date hereof of the Terms Agreement and at the Closing Date (as if made on at the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company in all material respects of its obligations hereunder hereunder, and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Ameriprise Financial Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Securities are Securities, 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 as of each of the Closing Date (as if made on and the Option Closing Date), 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 1 contract

Samples: Underwriting Agreement (Havana Group Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Underwritten Securities are as provided herein shall be subject to the accuracyaccuracy in all material respects, as of the date hereof of the Terms Agreement and at the Closing Date (as if made on at the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions:

Appears in 1 contract

Samples: American Express Credit Corp

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Securities are and Warrants, if any, as provided herein shall be subject to the accuracy, as of the date hereof and at the Closing Date (as if made on at the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained and the Guarantor, if any, herein, to the performance by the Company and the Guarantor, if any, of its their respective obligations hereunder hereunder, and to the following additional conditions:

Appears in 1 contract

Samples: Itt Corp

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase the Securities are shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at the Closing Date (as if made on the Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Citigroup Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase and pay for the Offered Securities as provided herein are subject to the accuracy, as of the date hereof of the Terms Agreement and at the Closing Date (as if made on at the Closing Date), of and compliance with all representations, warranties and agreements ) of the Company representations and warranties of the Registrants contained herein, the to performance by the Company Registrants of its their obligations hereunder and to each of the following additional terms and conditions:

Appears in 1 contract

Samples: Terms Agreement (Toll Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder Underwriters to purchase the Securities are shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company and each Guarantor contained herein as of the date hereof Time of Sale and at the Closing Date (as if made on the Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinand each Guarantor made in any certificates pursuant to the provisions hereof, to the performance by the Company and each Guarantor of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Rogers Communications Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriter hereunder to purchase and pay for the Offered Securities are shall be subject to the accuracy, accuracy of the representations and the warranties on the part of the Company herein contained as of the date hereof and at the Closing Date (as if made on the of each Closing Date), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Cleco Corp

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