Common use of Conditions to the Obligations of the Underwriter, and the Sale of the Shares Clause in Contracts

Conditions to the Obligations of the Underwriter, and the Sale of the Shares. The obligation of the Underwriter hereunder, and the closing of the sale of the Firm Shares and any Additional Shares, are subject to the accuracy, when made and as of the date hereof, the Applicable Time and on the Closing Date and any Option Closing Date, of the representations and warranties of the Company contained herein, 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 each of the following additional terms and conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Pure Bioscience, Inc.), Underwriting Agreement (Pure Bioscience, Inc.)

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Conditions to the Obligations of the Underwriter, and the Sale of the Shares. The obligation obligations of the Underwriter hereunder, and the closing Closing of the sale of the Firm Shares and any Additional Shares, are subject to the accuracy, when made and as of the date hereof, the Applicable Time and on the Closing Date and any Option Closing Date, of the representations and warranties of the Company contained herein, 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 each of the following additional terms and conditions:

Appears in 1 contract

Samples: Underwriting Agreement (CAPSTONE TURBINE Corp)

Conditions to the Obligations of the Underwriter, and the Sale of the Shares. The obligation obligations of the Underwriter hereunder, and the closing of the sale of the Firm Shares and any Additional SharesClosing Securities, are subject to the accuracy, when made and as of the date hereof, the Applicable Time and on the Closing Date and any Option Closing Date, of the representations and warranties of the Company contained herein, 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 each of the following additional terms and conditions:

Appears in 1 contract

Samples: NovaBay Pharmaceuticals, Inc.

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Conditions to the Obligations of the Underwriter, and the Sale of the Shares. The obligation respective obligations of the Underwriter hereunder, and the closing of the sale of the Firm Shares and any Additional Shares, are subject to the accuracy, when made and as of the date hereof, the Applicable Time and on the Closing Date and any Option Closing Date, of the representations and warranties of the Company contained herein, 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 each of the following additional terms and conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Broadwind Energy, Inc.)

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