Common use of Conditions to the Obligations of the Underwriter Clause in Contracts

Conditions to the Obligations of the Underwriter. The obligation of the Underwriter to purchase the Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date, with respect to the Underwritten Securities and Option Securities purchased on the Closing Date, and any settlement date pursuant to Section 3 hereof, with respect to Option Securities purchased after the Closing 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 2 contracts

Samples: Underwriting Agreement (CONX Corp.), Underwriting Agreement (CONX Corp.)

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Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy in all material respects (except to the extent already qualified by materiality, in which case such obligations shall be subject to the accuracy in all respects) of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date, with respect to the Underwritten Securities and Option Securities purchased on the Closing Date, Date and any settlement date pursuant to Section 3 hereof, with respect to Option Securities purchased after the Closing 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 2 contracts

Samples: Lockup Agreement (CAESARS ENTERTAINMENT Corp), Lockup Agreement (CAESARS ENTERTAINMENT Corp)

Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Underwritten Securities Firm Shares and the Option SecuritiesShares, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date, Date and any subsequent settlement date (solely with respect to the Underwritten Securities and Option Securities purchased on the Closing Date, and any settlement date Shares) pursuant to Section 3 hereof, with respect hereof (except to Option Securities purchased after the Closing Dateextent such representations and warranties expressly relate to a specific earlier date (in which case such representations and warranties shall be true and correct as of such specified earlier 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 (Endeavour International Corp)

Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Timedate hereof and the Closing Date (for purposes of this Section 6, “Closing Date” shall refer to the Closing Date for the Firm Securities and any Option Closing Date, with respect to if different, for the Underwritten Securities and Option Securities purchased on the Closing Date, and any settlement date pursuant to Section 3 hereof, with respect to Option Securities purchased after the Closing DateSecurities), 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 (UDR, Inc.)

Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Underwritten Firm Securities and the Option Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date, with respect to the Underwritten Securities and Option Securities purchased on the Closing Date, Date and any settlement date pursuant to Section 3 hereof, with respect except to Option Securities purchased after the Closing Dateextent such representation and warranty is specifically made as of a particular date, in which case such representations and warranties shall be true and correct as of such 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 (Axsome Therapeutics, Inc.)

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Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date, with respect to the Underwritten Securities and Option Securities purchased on the Closing Date, Date and any settlement date pursuant to Section 3 hereof, with respect hereof (except to Option Securities purchased after the Closing Dateextent such representations and warranties expressly relate to a specific earlier date (in which case such representations and warranties shall be true and correct as of such specified earlier 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 (Encore Acquisition Co)

Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company Company, PNMAC and the Selling Stockholder contained herein as of the Execution Time, the Closing Date, with respect to the Underwritten Securities and Option Securities purchased on the Closing Date, Date and any settlement date pursuant to Section 3 hereof, with respect to Option Securities purchased after the Closing Date, to the accuracy of the statements of the Company Company, PNMAC and the Selling Stockholder made in any certificates pursuant to the provisions hereof, to the performance by the Company Company, PNMAC and the Selling Stockholder of its their obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Pennymac Financial Services, Inc.)

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