Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 719 contracts
Samples: Lithium Americas Corp., Intra-Cellular Therapies, Inc., Underwriting Agreement (Aligos Therapeutics, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 451 contracts
Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (Homeowners Choice, Inc.), Underwriting Agreement (Whirlpool Corp /De/)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 156 contracts
Samples: Underwriting Agreement (Qualys, Inc.), Underwriting Agreement (Vocera Communications, Inc.), Underwriting Agreement (Ubiquiti Networks, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 151 contracts
Samples: Underwriting Agreement (Project Energy Reimagined Acquisition Corp.), Underwriting Agreement (Shelter Acquisition Corp I), Underwriting Agreement (JOFF Fintech Acquisition Corp.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 89 contracts
Samples: Underwriting Agreement (SVB Financial Group), Underwriting Agreement (TPG Specialty Lending, Inc.), Underwriting Agreement (American Equity Investment Life Holding Co)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 64 contracts
Samples: Underwriting Agreement (Dynegy Inc /Il/), Underwriting Agreement (Immunogen Inc), Underwriting Agreement (Immunogen Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 56 contracts
Samples: Option Care (Option Care Health, Inc.), Employment Agreement (Polo Ralph Lauren Corp), Underwriting Agreement (Model N, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the an Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 35 contracts
Samples: Underwriting Agreement (Akero Therapeutics, Inc.), Underwriting Agreement (Aptinyx Inc.), Underwriting Agreement (Sage Therapeutics, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 29 contracts
Samples: Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 27 contracts
Samples: Underwriting Agreement (SONDORS Inc.), South Financial (South Financial Group Inc), Underwriting Agreement (Tactile Systems Technology Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Shareholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 25 contracts
Samples: Underwriting Agreement (CyberArk Software Ltd.), Underwriting Agreement (Wix.com Ltd.), Underwriting Agreement (Plainscapital Corp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 23 contracts
Samples: Underwriting Agreement (Excelsa Acquisition Corp.), Underwriting Agreement (Act II Global Acquisition Corp.), Underwriting Agreement (Excelsa Acquisition Corp.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as 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 19 contracts
Samples: Underwriting Agreement (Oklahoma Publishing Co Voting Trust), Underwriting Agreement (GTCR Fund Vii Lp), Lehman (GTCR Fund Vii Lp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 19 contracts
Samples: Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (Cheesecake Factory Inc), Underwriting Agreement (American Realty Capital Properties, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 18 contracts
Samples: Underwriting Agreement (Lipocine Inc.), Underwriting Agreement (SodaStream International Ltd.), Underwriting Agreement (Nurix Therapeutics, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares ADSs on the Closing Date or the Option Shares ADSs on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 16 contracts
Samples: Cowen and Company (Orchard Rx LTD), Underwriting Agreement (Zai Lab LTD), Underwriting Agreement (Freeline Therapeutics Holdings PLC)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 16 contracts
Samples: Underwriting Agreement (Shake Shack Inc.), Merger Agreement (Fortress Investment Group LLC), Merger Agreement (Gaming & Leisure Properties, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 15 contracts
Samples: Underwriting Agreement (Surgery Partners, Inc.), Underwriting Agreement (Polypore International, Inc.), Underwriting Agreement (Generac Holdings Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Selling Shareholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 14 contracts
Samples: Underwriting Agreement (Birkenstock Holding LTD), Underwriting Agreement (Tronox Holdings PLC), Underwriting Agreement (Tronox LTD)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Manager of its their covenants and other obligations hereunder and to the following additional conditions:
Appears in 14 contracts
Samples: Underwriting Agreement (Apollo Residential Mortgage, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 13 contracts
Samples: Letter Agreement (Kansas City Southern), Underwriting Agreement (Baxalta Inc), Underwriting Agreement (Dynegy Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 12 contracts
Samples: Underwriting Agreement (Brighthouse Financial, Inc.), Letter Agreement (Michaels Companies, Inc.), Underwriting Agreement (EVERTEC, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Guarantor of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 11 contracts
Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Selling Stockholders of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 10 contracts
Samples: Sirona Dental (Sirona Dental Systems, Inc.), Sirona Dental (Sirona Dental Systems, Inc.), Concho Resources (Concho Resources Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares ADSs on the Closing Date or the Option Shares ADSs on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Shareholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 9 contracts
Samples: Letter Agreement (Canuelas Mill S.A.C.I.F.I.A.), Underwriting Agreement (Acquity Group LTD), Trony Solar Holdings Co LTD
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 9 contracts
Samples: Synovus Financial (Synovus Financial Corp), Underwriting Agreement (ArcelorMittal), Newmont Mining Corp /De/
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 9 contracts
Samples: Execution Version (Burlington Stores, Inc.), Execution Version (Burlington Stores, Inc.), Underwriting Agreement (Overseas Shipholding Group Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (Otonomy, Inc.), Underwriting Agreement (Atara Biotherapeutics, Inc.), Atara Biotherapeutics, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, as 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 7 contracts
Samples: Underwriting Agreement (ASC Acquisition LLC), Underwriting Agreement (Polypore International, Inc.), Albany International Corp /De/
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 7 contracts
Samples: Fox Factory Holding Corp, Fox Factory Holding Corp, Fox Factory Holding Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Broadstone Net Lease, Inc., Broadstone Net Lease, Inc., Freeport McMoran Copper & Gold Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (Yoshitsu Co., LTD), Underwriting Agreement (Colfax CORP)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 7 contracts
Samples: Underwriting Agreement (Flagstar Bancorp Inc), Universal Compression (Weatherford International LTD), EVERTEC, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Owl Rock Capital Corp, TPG Specialty Lending, Inc., TPG Specialty Lending, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Selling Shareholders of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter the Underwriters to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Transaction Entities and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: ESH Hospitality, Inc., ESH Hospitality, Inc., ESH Hospitality, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: TriVascular Technologies, Inc., Lithia Motors Inc, TPG Specialty Lending, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Manager of its their covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and JEH LLC of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Jones Energy, Inc.), Jones Energy, Inc., Jones Energy, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each Selling Stockholder of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Bluestem Brands, Inc.), Underwriting Agreement (Teladoc, Inc.), Underwriting Agreement (Teladoc, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Partnership of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Emerge Energy Services LP), Underwriting Agreement (Carlyle Group L.P.), Underwriting Agreement (Carlyle Group L.P.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, Securities at each Time of Delivery as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Affiliated Managers Group, Inc.), Underwriting Agreement (Affiliated Managers Group, Inc.), Underwriting Agreement (Affiliated Managers Group, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to subscribe for and purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein herein, is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Letter Agreement (Globant S.A.), Letter Agreement (Globant S.A.), Globant S.A.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders severally of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: MediaAlpha, Inc., MediaAlpha, Inc., MediaAlpha, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Additional Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Fiat Chrysler Automobiles N.V.), ArcelorMittal, Penn Virginia Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 in all material respects and to the following additional conditions:
Appears in 4 contracts
Samples: Acushnet Holdings Corp., Acushnet Holdings Corp., Blue Buffalo Pet Products, Inc.
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 4 contracts
Samples: Lock Up Agreement (Black Knight, Inc.), Lock Up Agreement (Black Knight, Inc.), Black Knight, Inc.
Conditions of Underwriters’ Obligations. The obligation obligations of each Underwriter the several Underwriters to purchase the Underwritten Firm Shares on the Closing Date or and the Option Shares Shares, if any, on the Additional Option Closing Date, as the case may be, as provided herein is are subject to the performance by the Company of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Master Purchase Agreement (EQT Corp), Underwriting Agreement (EQT Corp), Underwriting Agreement (Equitable Resources Inc /Pa/)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the any Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Vital Energy, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Company, Holding and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Vantiv, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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: Underwriting Agreement (Option Care Health, Inc.), Letter Agreement (Vertiv Holdings Co), Underwriting Agreement (Option Care Health, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Firm Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Granite Point Mortgage Trust Inc.), Underwriting Agreement (Granite Point Mortgage Trust Inc.), IESI-BFC LTD
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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: Nielsen N.V., Nielsen N.V., Nielsen N.V.
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Generation Asia I Acquisition LTD), Underwriting Agreement (AF Acquisition Corp.), AF Acquisition Corp.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, 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 3 contracts
Samples: Underwriting Agreement (D-Market Electronic Services & Trading), Underwriting Agreement (DoubleDown Interactive Co., Ltd.), DoubleDown Interactive Co., Ltd.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and Evolent Health, jointly and severally, of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Evolent Health, Inc., Evolent Health, Inc., Evolent Health, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm ADSs on the Closing Date or the Option Shares ADSs on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Materialise Nv), Pricing Agreement (Innocoll GmbH), Underwriting Agreement (Materialise Nv)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders, as applicable, of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Letter Agreement (Q2 Holdings, Inc.), Underwriting Agreement (Q2 Holdings, Inc.), Letter Agreement (Q2 Holdings, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein herein, is subject to the performance by the Company and each of its the Selling Stockholders of their covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Wj Communications Inc), Underwriting Agreement (Catapult Communications Corp), Catapult Communications Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by each of the Company and the Operating Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Strategic Hotels & Resorts, Inc), Strategic Hotels & Resorts, Inc, Strategic Hotels & Resorts, Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the an Additional Closing Date, as the case may be, as 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 3 contracts
Samples: Haynes International Inc, Haynes International Inc, Haynes International Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Healthequity Inc), Underwriting Agreement (Healthequity Inc), Healthequity Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Initial Shares on the Closing Date or and the Option Shares Shares, if any, on the Additional Closing Date, as the case may be, a Date of Delivery as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Lock Up Agreement (Black Knight, Inc.), Black Knight Financial Services, Inc., Fidelity National Financial, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter of the Underwriters to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 3 contracts
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is herein, are subject to the performance by the Company and each of its the Selling Shareholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company, in the case of the Closing Date, and the Company and each of its the Selling Stockholders, in the case of the Additional Closing Date, of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Michaels Companies, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company or Xxxxxxxx Xxxx, jointly and severally, and the Selling Stockholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Letter Agreement (Hamilton Lane INC), Hamilton Lane INC, Hamilton Lane INC
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, 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 3 contracts
Samples: Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Graftech International LTD)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Oasis Petroleum Inc.), Credit Agreement (Oasis Petroleum Inc.), Oasis Petroleum Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the each Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Athenex, Inc.), Underwriting Agreement (Athenex, Inc.), Underwriting Agreement (Athenex, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Initial Securities on the Closing Date or the Option Shares Securities on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Administration Agreement (Sixth Street Specialty Lending, Inc.), Administration Agreement (Sixth Street Specialty Lending, Inc.), Administration Agreement (Sixth Street Specialty Lending, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Rosetta Resources Inc., Tenneco Automotive Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Units on the Closing Date or the Option Shares Units on the each Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Partnership Parties of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the each Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (E Trade Financial Corp), Underwriting Agreement (Citadel L P)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as 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 to be complied with prior to the Closing Date, or the Additional Closing Date, as the case may be, and to the following additional conditions:
Appears in 2 contracts
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Laredo Holdings of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Laredo Petroleum Holdings, Inc.), Laredo Petroleum Holdings, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or and the Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Penn Virginia Corp, Penn Virginia Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the any Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Nevro Corp, Nevro Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Fireman B.V.), Underwriting Agreement (Nine Energy Service, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Collegiate Funding Services Inc, Collegiate Funding Services Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Selling Shareholders of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (FGX International Holdings LTD), Underwriting Agreement (Vtex)
Conditions of Underwriters’ Obligations. The obligation obligations of each Underwriter the several Underwriters to purchase the Underwritten Firm Shares on the Closing Date or and the Option Shares Shares, if any, on the Additional Option Closing Date, as the case may be, as provided herein is are subject to the performance by the Company and each of the Selling Shareholders of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (EQT Corp), Underwriting Agreement (EQT Corp)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares and Class A Debentures, if applicable, on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (E Trade Financial Corp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Management Agreement (Arbor Realty Trust Inc), Arbor Realty Trust Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Transaction Entities and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: ESH Hospitality, Inc., ESH Hospitality, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Notes on the Closing Date or the Option Shares Notes on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: M I Homes Inc, M I Homes Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or or, if applicable, the Option Shares on the Closing Date or any Additional Closing Date, as the case may be, as 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 2 contracts
Samples: Underwriting Agreement (Nymex Holdings Inc), Nymex Holdings Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and Evolent Health, jointly and severally, and each of its the Selling Stockholders severally of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Evolent Health, Inc., Evolent Health, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the and any Additional Closing DateDate (if applicable), as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as provided herein herein, is subject to the performance by the Company of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Cbeyond Communications Inc, Cbeyond Communications Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Units on the Closing Date or the Option Shares Units on the each Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Xxxxxxxx Parties of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the each Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (E Trade Financial Corp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as provided herein herein, is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Petroquest Energy Inc), Cell Genesys Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Partnership of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Ares Management Lp), Ares Management Lp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Brookfield Property Partners L.P.), Brookfield Property Partners L.P.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Additional Securities on the an Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: TTM Technologies Inc, TTM Technologies Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Redwood Trust Inc), TimkenSteel Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Capital Securities on the Closing Date or the Option Shares Capital Securities on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by each of the Company and the Trust of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (TCF Financial Corp), Underwriting Agreement (Susquehanna Bancshares Inc)
