Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 18 contracts
Samples: Purchase Agreement (Cd Radio Inc), 1 (Pets Com Inc), Purchase Agreement (Wabash National Corp /De)
Conditions of U. S. Underwriters' Obligations. The respective obligations of the several U.S. Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein, to the performance by the Company of its covenants and other obligations hereunder, and to each of the following further additional terms and conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Tularik Inc), Primus Telecommunications Group Inc, Ocwen Financial Corp
Conditions of U. S. UnderwritersUNDERWRITERS' ObligationsOBLIGATIONS. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 5 contracts
Samples: Purchase Agreement (Mih LTD), Purchase Agreement (Northern States Power Co /Mn/), Purchase Agreement (Northern States Power Co /Mn/)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company or on behalf of any Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 5 contracts
Samples: 1 (Exult Inc), Purchase Agreement (Garmin LTD), Brightpoint Inc
Conditions of U. S. UnderwritersUNDERWRITERS' ObligationsOBLIGATIONS. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Companies contained in Section 1 hereof or in certificates of any officer of the Company Companies or any subsidiary of the Company Subsidiary delivered pursuant to the provisions hereof, to the performance by the Company Companies of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Dura Pharmaceuticals Inc/Ca), Purchase Agreement (Dura Pharmaceuticals Inc/Ca), Purchase Agreement (Dura Pharmaceuticals Inc/Ca)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholder contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company or on behalf of the Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Wellpoint Health Networks Inc /Ca/), Purchase Agreement (Wellpoint Health Networks Inc /Ca/)
Conditions of U. S. UnderwritersUNDERWRITERS' ObligationsOBLIGATIONS. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Westfield America Inc), Lifepoint Hospitals Inc
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary Subsidiary of the Company or on behalf of the Selling Shareholders delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained in Section 1 hereof or and in certificates of any officer of the Company or any subsidiary of the Company or on behalf of any Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Global Telesystems Group Inc), Purchase Agreement (Scripps E W Co /De)
Conditions of U. S. Underwriters' Obligations. The respective obligations of the several U.S. Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties of the Company and the Parent contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein, to the performance by the Company and the Parent of its covenants and other their respective obligations hereunder, and to each of the following further additional terms and conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Axiom Inc), Securicor Telesciences Inc
Conditions of U. S. Underwriters' Obligations. The respective obligations of the several U.S. Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties of the Company and the Selling Stockholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein, to the performance by the Company and the Selling Stockholders of its covenants and other their respective obligations hereunder, and to each of the following further additional terms and conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Flagstar Bancorp Inc), Hk Systems Inc
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company its Subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Usn Communications Inc), Infinity Broadcasting Corp /De/
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof or in certificates of any officer of the Company Company, the Operating Partnership or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Eldertrust
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained in Section 1 hereof or and in certificates of any officer of the Company or on behalf of any subsidiary of the Company Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company Subsidiary delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Alliance Fiber Optic Products Inc
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or and in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Global Telesystems Group Inc
Conditions of U. S. UnderwritersUNDERWRITERS' ObligationsOBLIGATIONS. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company Subsidiary delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Purchase Agreement (Exact Corp)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its Subsidiaries or Material Holdings of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The respective obligations of the several U.S. Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties of the Company and the Selling Stockholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein, to the performance by the Company and the Selling Stockholders of its covenants and other their obligations hereunder, and to each of the following further additional terms and conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Crown Castle International Corp)
Conditions of U. S. UnderwritersUNDERWRITERS' ObligationsOBLIGATIONS. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy in all material respects of the representations and warranties of the Company and Xxxxxxx contained in Section 1 hereof or in certificates of any officer of the Company Company, Xxxxxxx or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company and Xxxxxxx of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Mt Investors Inc
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries or Material Holdings of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company herein contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: MCN Energy Group Inc
Conditions of U. S. Underwriters' Obligations. The respective obligations of the several U.S. Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties of the Company and the Selling Stockholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein, to the performance by the Company and the Selling Stockholders of its covenants and other their respective obligations hereunder, hereunder and to the following further additional terms and conditions:
Appears in 1 contract
Samples: Iri International Corp
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary Subsidiary or on behalf of the Company any Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Aether Systems LLC
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of each of the Company L.L.C. and the Issuer contained in Section 1 1(a) hereof or in certificates of any officer of the Company Issuer or any subsidiary of the Company Issuer delivered pursuant to the provisions hereof, to the performance by the Company Issuer of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Purchase Agreement (Teligent Inc)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder under this Agreement are subject to the accuracy in all material respects of the representations and warranties of the Company and the Partnership contained in Section 1 hereof or in certificates of any officer of the Company Company, the Partnership, the Lessee or any subsidiary of the Company Manager delivered pursuant to the provisions hereof, to the performance by each of the Company and the Partnership, of its respective covenants and other obligations hereunderunder this Agreement, and to the following further conditions:;
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy in all material respects, as of the date hereof and at Closing Time, of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein contained, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Sonic Automotive Inc
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: National Oilwell Inc
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy in all material respects of the representations and warranties of the Company Company, Xxxxxxx and the Selling Shareholders contained in Section 1 hereof or in certificates of any officer of the Company Company, Xxxxxxx or any subsidiary of the Company or on behalf of any Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and Xxxxxxx of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Purchase Agreement (Mettler Toledo International Inc/)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations representa tions and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholder contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company or on behalf of the Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholder of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Purchase Agreement (Tiffany & Co)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Company, AutoNation and the Selling Shareholder contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company or on behalf of AutoNation or the Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholder contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary Subsidiary of the Company or on behalf of the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Purchase Agreement (Agco Corp /De)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained in Section 1 hereof or in certificates of any officer of the Company or on behalf of any subsidiary of the Company Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Oil States International Inc
Conditions of U. S. UnderwritersUNDERWRITERS' ObligationsOBLIGATIONS. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and CHS contained in Section 1 hereof or in certificates of any officer of the Company Company, CHS or any subsidiary of the Company their subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Community Health Systems Inc/
Conditions of U. S. Underwriters' -------------------------------- Obligations. The obligations of the several U.S. Underwriters ----------- hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein contained, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or and in certificates of any officer of the Company Company, Xxxxxx or any subsidiary of the Company their respective subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Purchase Agreement (Viasat Inc)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy accuracy, as of the date hereof and at the Closing Time or Date of Delivery, of the representations and warranties of the Company and the Operating Partnership herein contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other their respective obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Tower Realty Trust Inc
Conditions of U. S. Underwriters' Obligations. The respective obligations of the several U.S. Underwriters hereunder are subject to the accuracy accuracy, on and as of the date hereof and on each Delivery Date, of the representations and warranties of the Company contained in Section 1 hereof or in certificates herein, to the accuracy of any officer the statements of the Company or and its officers made in any subsidiary of the Company certificates delivered pursuant to the provisions hereofhereto, to the performance by the Company of its covenants and other obligations hereunder, and to each of the following further additional terms and conditions:
Appears in 1 contract
Samples: Wesco International Inc
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:Company
Appears in 1 contract
Samples: Purchase Agreement (Integrated Electrical Services Inc)
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy in all material respects of the representations and warranties of the Company Company, Mettxxx xxx the Selling Shareholders contained in Section 1 hereof or in certificates of any officer of the Company or Company, Mettxxx xx any subsidiary of the Company or on behalf of any Selling Shareholder delivered pursuant to the provisions hereof, to the performance by the Company of its and Mettxxx xx their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Mettler Toledo International Inc/
Conditions of U. S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their covenants and other obligations hereunder, and to the following further conditions:: (a)
Appears in 1 contract
Samples: Brylane Inc