Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 308 contracts
Samples: Dana Incorporated (Dana Inc), Underwriting Agreement (Ecolab Inc), Underwriting Agreement (BlackRock Inc.)
Conditions to the Obligations of the Underwriters. The respective rights and obligations of the Underwriters to purchase the Securities as provided in this Agreement shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and 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 conditionsconditions with respect to the Offered Certificates:
Appears in 111 contracts
Samples: Underwriting Agreement (COMM 2014-Lc15 Mortgage Trust), Underwriting Agreement (COMM 2013-Ccre12 Mortgage Trust), Underwriting Agreement (DBJPM 2020-C9 Mortgage Trust)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company The Republic contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company The Republic made in any certificates pursuant to the provisions hereof, to the performance by the Company The Republic of its obligations hereunder and to the following additional conditions:
Appears in 62 contracts
Samples: Underwriting Agreement (Republic of Turkey), Underwriting Agreement (Republic of Turkey), Underwriting Agreement (Republic of Turkey)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Offered Notes shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Datein this Agreement, to the accuracy of the statements of the Company made in any applicable officers’ certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder under this Agreement and to the following additional conditionsconditions applicable to the Note Offering:
Appears in 52 contracts
Samples: Underwriting Agreement (Synchrony Credit Card Master Note Trust), Underwriting Agreement (GE Capital Credit Card Master Note Trust), Underwriting Agreement (GE Capital Credit Card Master Note Trust)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the 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 and Time, the Closing DateDate and any settlement date pursuant to Section 4 hereof, 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 44 contracts
Samples: Underwriting Agreement (AEA-Bridges Impact Corp.), Underwriting Agreement (Kismet Acquisition One Corp), Underwriting Agreement (JAWS Spitfire Acquisition Corp)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Securities, as described in Section 2 hereof, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Initial Sale Time, the Execution Time and 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 44 contracts
Samples: Underwriting Agreement (Southern California Edison Co), Underwriting Agreement (Edison International), Underwriting Agreement (SOUTHERN CALIFORNIA EDISON Co)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Underwriters’ Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time Time, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including the filing of any document incorporated by reference therein) and as of 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 35 contracts
Samples: Underwriting Agreement (International Business Machines Corp), Underwriting Agreement (International Business Machines Corp), Underwriting Agreement (International Business Machines Corp)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time of Sale and 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 32 contracts
Samples: Underwriting Agreement (General Mills Inc), Underwriting Agreement (General Mills Inc), General Mills Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Applicable Time of Sale, the Execution Time and 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 32 contracts
Samples: Underwriting Agreement (Baltimore Gas & Electric Co), Underwriting Agreement (Exelon Corp), Underwriting Agreement (Peco Energy Co)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase and pay for the Securities Purchased Bonds shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution date hereof, the Applicable Time of Sale and 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 29 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Commonwealth Edison Co), Commonwealth Edison Company
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters 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 and Time, the Closing DateDate and any Settlement Date pursuant to Section 3 hereof, 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 25 contracts
Samples: Underwriting Agreement (Brixmor Property Group Inc.), Underwriting Agreement (BPW Acquisition Corp.), Underwriting Agreement (Genesee & Wyoming Inc)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Registered Certificates shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date and as of 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 23 contracts
Samples: Underwriting Agreement (Citigroup Mortgage Loan Trust 2006-4), Citigroup Mortgage (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar3), Underwriting Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Issuers made in any certificates pursuant to the provisions hereof, to the performance by the Company Issuers of its their obligations hereunder and to the following additional conditions:
Appears in 21 contracts
Samples: Underwriting Agreement (Johnson Controls International PLC), Underwriting Agreement (Johnson Controls International PLC), Underwriting Agreement (Johnson Controls International PLC)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Underwriters' Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 17 contracts
Samples: Underwriting Agreement (Goodyear Tire & Rubber Co /Oh/), Underwriting Agreement (Coca Cola Bottling Co Consolidated /De/), Underwriting Agreement (Goodyear Tire & Rubber Co /Oh/)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Adviser contained herein as of the Execution Time, the Time and of Sale, the Closing DateDate and any settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company or the Adviser made in any certificates pursuant to the provisions hereof, to the performance by the Company or the Adviser of its obligations hereunder and to the following additional conditions:conditions (except to the extent that any such conditions may have been waived in writing by the Representatives on or prior to such respective dates):
Appears in 15 contracts
Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Applicable Time and 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 15 contracts
Samples: Paying Agency Agreement (Zimmer Biomet Holdings, Inc.), Management Agreement (Seaspan CORP), Underwriting Agreement (Oneok Inc /New/)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Firm Securities and the Optional 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 and Time, the Closing DateDate and any settlement date pursuant to Section 4 hereof, 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 12 contracts
Samples: Underwriting Agreement (Cascade Acquisition Corp), Underwriting Agreement (GO Acquisition Corp.), Underwriting Agreement (Cascade Acquisition Corp)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of BFI and the Company Parent contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of BFI and the Company Parent made in any certificates pursuant to the provisions hereof, to the performance by BFI and the Company Parent of its their respective obligations hereunder and to the following additional conditions:
Appears in 12 contracts
Samples: Underwriting Agreement (Brookfield Asset Management Inc.), Underwriting Agreement (Brookfield Asset Management Inc.), Underwriting Agreement (Brookfield Asset Management Inc.)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and Holdings contained herein as of the Execution Time of Sale and the Closing Date, to the accuracy of the statements of the Company and Holdings made in any certificates pursuant to the provisions hereof, to the performance by the Company and Holdings of its their obligations hereunder and to the following additional conditions:
Appears in 12 contracts
Samples: Merger Agreement (Waste Management Inc), Underwriting Agreement (Waste Management Inc), Underwriting Agreement (Waste Management Inc)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantor contained herein as of the Execution Time and as of the Closing Date, to the accuracy of the statements of the Company and the Guarantor made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Guarantor of its their obligations hereunder and to the following additional conditions:
Appears in 11 contracts
Samples: Underwriting Agreement (Glaxosmithkline Capital Inc), Underwriting Agreement (Glaxosmithkline Capital PLC), Underwriting Agreement (Glaxosmithkline Capital PLC)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantor contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company and the Guarantor made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Guarantor of its their obligations hereunder and to the following additional conditions:
Appears in 11 contracts
Samples: PNC Financial Services Group Inc, PNC Financial Services Group Inc, PNC Financial Services Group Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Bonds shall be subject subject, in the discretion of the Representatives, to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and the Closing Date, to the accuracy of the statements of the Company Company’s officers on and as of the Closing Date made in any certificates given pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 11 contracts
Samples: Underwriting Agreement (Northern States Power Co), Underwriting Agreement (Public Service Co of Colorado), Underwriting Agreement (Northern States Power Co)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Notes shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 11 contracts
Samples: Underwriting Agreement (Laboratory Corp of America Holdings), Underwriting Agreement (Laboratory Corp of America Holdings), Laboratory Corp of America Holdings
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereofof this Section, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 11 contracts
Samples: Enbridge Inc, Enbridge Inc, Enbridge Inc
Conditions to the Obligations of the Underwriters. The respective rights and obligations of the Underwriters to purchase the Securities hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and 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 conditionsconditions with respect to the Offered Certificates:
Appears in 10 contracts
Samples: Underwriting Agreement (COMM 2006-C8 Mortgage Trust), Underwriting Agreement (CD 2007-Cd5 Mortgage Trust), Underwriting Agreement (COMM 2007-C9 Mortgage Trust)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 10 contracts
Samples: Underwriting Agreement (Bristol Myers Squibb Co), Underwriting Agreement (Bristol Myers Squibb Co), Underwriting Agreement (Bristol Myers Squibb Co)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the Execution Applicable Time and 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 10 contracts
Samples: Aes Corp, Aes Corp, Cit Group Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Offered Notes shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Datein this Agreement, to the accuracy of the statements of the Company made in any applicable officers’ certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder under this Agreement and to the following additional conditionsconditions applicable to the Offered Notes:
Appears in 10 contracts
Samples: Underwriting Agreement (CDF Funding, Inc.), Underwriting Agreement (Higher Education Funding I), Underwriting Agreement (Higher Education Funding I)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities from the Company shall be subject to the accuracy of the representations and warranties on the part of the Company herein contained herein as of the Execution Time date hereof and the Closing Date, and to the accuracy of the statements of the Company Company’s officers made in any certificates certificate furnished pursuant to the provisions hereofhereof relating to such Securities, to the performance and observance by the Company of all its obligations hereunder covenants and agreements herein contained and to the following additional conditionsconditions precedent:
Appears in 9 contracts
Samples: Underwriting Agreement (Newell Brands Inc.), Underwriting Agreement (Newell Rubbermaid Inc), Underwriting Agreement (Supervalu Inc)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Issuer and the Guarantors contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Issuer and the Guarantors made in any certificates pursuant to the provisions hereof, to the performance by the Company Issuer and the Guarantors of its their respective obligations hereunder and to the following additional conditions:
Appears in 9 contracts
Samples: Willis Towers Watson PLC, Willis Group Holdings PLC, Willis Towers Watson PLC
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the 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 and Time, the Closing DateDate and any Settlement Date pursuant to Section 3 hereof, 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 9 contracts
Samples: Underwriting Agreement (Eclipse Resources Corp), Vislink Technologies, Inc., Vislink Technologies, Inc.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers contained herein as of the Execution Applicable Time and the Closing Date, to the accuracy of the statements of the Company or the Guarantors made in any certificates pursuant to the provisions hereof, to the performance by the Company Issuers of its their respective obligations hereunder and to the following additional conditions:
Appears in 9 contracts
Samples: Underwriting Agreement (Oneok Inc /New/), Underwriting Agreement (Oneok Inc /New/), Underwriting Agreement (Oneok Inc /New/)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase and pay for the Securities Purchased Bonds shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and 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 9 contracts
Samples: Commonwealth Edison Company, Commonwealth Edison Company, Commonwealth Edison Company (Commonwealth Edison Co)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Partnership contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Partnership made in any certificates pursuant to the provisions hereof, to the performance by the Company Partnership of its obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: EnLink Midstream Partners, LP, EnLink Midstream Partners, LP, Enable Midstream Partners, LP
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Underwriters’ Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantor contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company and the Guarantor made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Guarantor of its their obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (PNC Financial Services Group Inc), PNC Financial Services Group Inc, PNC Financial Services Group Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Debt Securities shall be subject subject, in the discretion of the Representatives, to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and the Closing Date, to the accuracy of the statements of the Company officers made in any certificates given pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Southwestern Public Service Co, Xcel Energy Inc, Southwestern Public Service Co
Conditions to the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Dateherein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:
Appears in 8 contracts
Samples: Underwriting Agreement (El Paso Electric Co /Tx/), Underwriting Agreement (El Paso Electric Co /Tx/), Underwriting Agreement (El Paso Electric Co /Tx/)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing DateDate pursuant to Section 3 hereof, 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 7 contracts
Samples: Underwriting Agreement (Clear Channel Communications Inc), Underwriting Agreement (Coty Inc.), Clear Channel Communications Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements by or on behalf 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 7 contracts
Samples: Underwriting Agreement (Aircastle LTD), Underwriting Agreement (Aircastle LTD), Aircastle LTD
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters 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 and the Closing DateDate and any settlement date pursuant to Section 3 hereof, 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 7 contracts
Samples: Underwriting Agreement (Patriot Coal CORP), Underwriting Agreement (Patriot Coal CORP), Underwriting Agreement (Patriot Coal CORP)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and the Closing Date, to the accuracy of the any material statements of the Company made in any certificates certificates, opinions, affidavits, written statements or letters furnished to the Representatives or to Xxxxxxx Xxxxxxx & Xxxxxxxx ("Underwriters' Counsel") pursuant to the provisions hereofthis Section 6, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (Lehman Brothers Holdings Inc), Underwriting Agreement (Lehman Brothers Holdings Inc), Underwriting Agreement (Lehman Brothers Holdings Capital Trust V)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company and the Guarantors made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Guarantors of its obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Sub License Agreement (Constellation Brands, Inc.), Services Agreement (Constellation Brands, Inc.), Sub License Agreement (Constellation Brands, Inc.)
Conditions to the Obligations of the Underwriters. The -------------------------------------------------- obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 7 contracts
Samples: Sprint Capital Corp, Sprint Capital Corp, Frontier Corp /Ny/
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy accuracy, in all material respects, of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Date, ; to the accuracy accuracy, in all material respects, of the statements of the Company made in any certificates pursuant to the provisions hereof, ; to the performance by the Company in all material respects of its obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (American Express Co), Underwriting Agreement (American Express Co), Underwriting Agreement (American Express Co)
Conditions to the Obligations of the Underwriters. The -------------------------------------------------- obligations of the Underwriters to purchase the Underwriters' Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 6 contracts
Samples: Fleet Financial Group Inc, Fleet Financial Group Inc, Fleet Financial Group Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company and the Selling Stockholders made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: CoreSite Realty Corp, CoreSite Realty Corp, CoreSite Realty Corp
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Bonds shall be subject subject, in the discretion of the Underwriters, to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and the Closing Date, to the accuracy of the statements of the Company Company’s officers on and as of the Closing Date made in any certificates given pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Southwestern Public Service Co), Underwriting Agreement (Southwestern Public Service Co), Underwriting Agreement (Northern States Power Co /Wi/)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Designated Securities under the Underwriting Agreement shall be subject subject, in the discretion of the Representatives, to the accuracy of the condition that all representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Date, to the accuracy of the other statements of the Company made in any certificates pursuant to the provisions hereofUnderwriting Agreement are, to at and as of the performance by Time of Delivery, true and correct, the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and as of 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 6 contracts
Samples: Underwriting Agreement (Glaxosmithkline Capital PLC), Underwriting Agreement (Glaxosmithkline Capital PLC), Common Stock Purchase Warrant (Applied Therapeutics Inc.)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the Execution Time and the Closing Date, to the accuracy of the statements of the Company made in any the certificates to be delivered pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Stanley Works (Stanley Works), Stanley Black & Decker, Inc., Stanley Works
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Underwriters’ Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including the filing of any document incorporated by reference therein) and as of 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 6 contracts
Samples: Underwriting Agreement (Ametek Inc/), Underwriting Agreement (Sonic Solutions/Ca/), Underwriting Agreement (Sonic Solutions/Ca/)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Offered Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and 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 6 contracts
Samples: Underwriting Agreement (OLIN Corp), Underwriting Agreement (Olin Corp), Underwriting Agreement (Olin Corp)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 Company, of its obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Dollar General Corp), Underwriting Agreement (Dollar General Corp), Underwriting Agreement (Dollar General Corp)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Initial Sale Time and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereofof this Section, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Pioneer Natural Resources Co), Pioneer Natural Resources Co, Pioneer Natural Resources Co
Conditions to the Obligations of the Underwriters. The several obligations of the Underwriters to purchase the Securities Underwritten Notes shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date and as of 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 5 contracts
Samples: Underwriting Agreement (New Century Home Equity Loan Trust 2006-1), Underwriting Agreement (New Century Home Equity Loan Trust 2006-2), Underwriting Agreement (New Century Home Equity Loan Trust 2006-S1)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters 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 and Applicable Time, the Closing DateDate and any settlement date pursuant to Section 4 hereof, 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 5 contracts
Samples: Administration Agreement (Prospect Capital Corp), Prospect Capital Corp, Prospect Capital Corp
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Adviser contained herein as of the Execution Time, the Time and of Sale, the Closing DateDate [[and any settlement date pursuant to Section 4 hereof]], to the accuracy of the statements of the Company or the Adviser made in any certificates pursuant to the provisions hereof, to the performance by the Company or the Adviser of its obligations hereunder and to the following additional conditions:conditions (except to the extent that any such conditions may have been waived in writing by the Underwriters on or prior to such respective dates):
Appears in 5 contracts
Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Shares shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time Initial Sale Time, the Closing Date and the Option Closing Date, as the case may be, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereofof this Section, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Pioneer Natural Resources Co), Lock Up Agreement (Pioneer Natural Resources Co), Lock Up Agreement (Pioneer Natural Resources Co)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers contained herein as of the Execution Applicable Time and the Closing Date, to the accuracy of the statements of the Company Partnership made in any certificates pursuant to the provisions hereof, to the performance by the Company Issuers of its obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (ONEOK Partners LP), Underwriting Agreement (ONEOK Partners LP), ONEOK Partners LP
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters Underwriters, as to purchase Securities to be purchased at the Securities Time of Delivery, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution date hereof and at and as of the Time and the Closing Dateof Delivery, 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 5 contracts
Samples: Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md), Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md), Underwriting Agreement (Huntington Bancshares Inc/Md)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders contained herein as of the Execution Time and Time, the Closing DateDate pursuant to Section 4 hereof, to the accuracy of the statements of the Company and the Selling Stockholders 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 4 contracts
Samples: Execution Version (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Shares shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the Execution Applicable Time and 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 4 contracts
Samples: Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc), Cit Group Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Capital Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Offerors contained herein as of the Execution Time and as of the Closing Date, to the accuracy of the statements of the Company Offerors made in any certificates pursuant to the provisions hereof, to the performance by the Company Offerors of its their covenants and other obligations hereunder hereunder, and to the following additional conditions:
Appears in 4 contracts
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and 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 4 contracts
Samples: Underwriting Agreement (UDR, Inc.), Underwriting Agreement (UDR, Inc.), Underwriting Agreement (UDR, Inc.)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Adviser contained herein as of the Execution Time, the Time of Sale and the Closing Date, to the accuracy of the statements of the Company or the Adviser made in any certificates pursuant to the provisions hereof, to the performance by the Company or the Adviser of its obligations hereunder and to the following additional conditions:conditions (except to the extent that any such conditions may have been waived in writing by the Underwriters on or prior to such respective dates):
Appears in 4 contracts
Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to (i) the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained herein as of the Execution Time and the Closing Date, to (ii) the performance by each of the Company and the Operating Partnership of its respective obligations hereunder, (iii) the accuracy of the statements of the Company and the Operating Partnership made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereof and to (iv) the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Digital Realty Trust, L.P.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Operating Partnership contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Operating Partnership made in any certificates pursuant to the provisions hereof, to the performance by the Company Operating Partnership of its obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Mack Cali Realty L P), Underwriting Agreement (Mack Cali Realty Corp), Underwriting Agreement (Mack Cali Realty L P)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities under this Agreement shall be subject to the accuracy of the representations and warranties on the part of the Company contained and the Trust set forth herein as of the Execution Time and the Closing Date, and if applicable, as of the Option Closing Date, as the case may be, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereofOfferors' directors and officers, to the performance by the Company and the Trust of its their obligations hereunder hereunder, and to the following additional conditions, except to the extent expressly waived in writing by the Representatives:
Appears in 4 contracts
Samples: Underwriting Agreement (Sun Capital Trust Ii), Underwriting Agreement (Sman Capital Trust 1), Underwriting Agreement (Gbci Capital Trust Ii)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the Execution Time date and time that this Agreement is executed and delivered by the parties hereto, at the Applicable Time, and at the Closing Date, Date and 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 4 contracts
Samples: Underwriting Agreement (CSX Transportation Inc), Underwriting Agreement (CSX Transportation Inc), Underwriting Agreement (CSX Capital Trust 1)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Corporation contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Corporation made in any certificates pursuant to the provisions hereof, to the performance by the Company Corporation of its obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (PNC Financial Services Group, Inc.), Underwriting Agreement (PNC Financial Services Group, Inc.), PNC Financial Services Group Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the Execution Time and 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 3 contracts
Samples: Underwriting Agreement (PHH Corp), PHH Corp, PHH Corp
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Debt Securities shall be subject subject, in the discretion of the Representatives, to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time date hereof and the Closing Date, to the accuracy of the statements of the Company Company’s officers on and as of the Closing Date made in any certificates given pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Public Service Co of Colorado), Underwriting Agreement (Northern States Power Co), Underwriting Agreement (Northern States Power Co /Wi/)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the date and time that this Agreement is executed and delivered by the parties hereto (the “Execution Time Time”) and the Closing Date, Date and 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 3 contracts
Samples: Underwriting Agreement (CSX Corp), Underwriting Agreement (CSX Corp), Underwriting Agreement (CSX Capital Trust 1)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Notes shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the Applicable Time, the Execution Time and 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 3 contracts
Samples: Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and as of 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 covenants and other obligations hereunder hereunder, and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Bb&t Corp), Bb&t Corp, Bb&t Corp
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters 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 and the Closing DateDate and the applicable settlement date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Altisource Residential Corp), Underwriting Agreement (Altisource Residential Corp), Underwriting Agreement (Altisource Residential Corp)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and Time, the Closing DateDate and any settlement date pursuant to Section 3 hereof, 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 3 contracts
Samples: Letter Agreement (Equinix Inc), Equinix Inc, Celestica Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Underwriters' Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Offerors contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Offerors made in any certificates pursuant to the provisions hereof, to the performance by the Company Offerors of its their obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Suntrust Capital Iv), Suntrust Capital Ii, Suntrust Banks Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities Shares shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 3 contracts
Samples: Underwriting Agreement (McEwen Mining Inc.), Underwriting Agreement (McEwen Mining Inc.), Underwriting Agreement (McEwen Mining Inc.)
Conditions to the Obligations of the Underwriters. The obligations obligation of the Underwriters to purchase and pay for the Securities shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Dateherein, to the accuracy of the written statements of officers 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 conditionsconditions precedent:
Appears in 3 contracts
Samples: Underwriting Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Onyx Acceptance Financial Corp
Conditions to the Obligations of the Underwriters. The obligations obligation of the Underwriters to purchase and pay for the Securities shall be subject to the accuracy in all material respects, as of the date of this Agreement and each Closing Date (whether the Closing Date with respect to the Firm Units or an Option Closing Date with respect to the Option Units), as if made on such Closing Date, of the representations and warranties on the part of the Company contained herein as of the Execution Time in this Agreement and 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 3 contracts
Samples: Activeworlds Com Inc, Activeworlds Com Inc, Activeworlds Com Inc
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers, the Operating Partnership and the General Partner contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Issuers, the Operating Partnership and the General Partner made in any certificates pursuant to the provisions hereof, to the performance by the Company Issuers, the Operating Partnership and the General Partner of its their respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Amerigas Partners Lp, Amerigas Partners Lp, Amerigas Partners Lp
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company made in any certificates certificate pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Omnicom Group Inc., Omnicom Group Inc., Omnicom Group Inc.
Conditions to the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Securities shall Certificates will be subject to the accuracy of the representations and warranties on the part of the Company contained Bank herein on the date hereof and as of the Execution Time and the Closing Date, to the accuracy of the statements of officers of the Company Bank made in any certificates pursuant to the provisions hereof, to the performance by the Company Bank of its obligations hereunder and to the following additional conditionsconditions precedent:
Appears in 3 contracts
Samples: Execution Copy (Chase Manhattan Bank Usa), Chase Manhattan Bank Usa, Chase Manhattan Bank Usa
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of US LLC and the Company Parent contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of US LLC and the Company Parent made in any certificates pursuant to the provisions hereof, to the performance by US LLC and the Company Parent of its their respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (BROOKFIELD Corp /On/), Underwriting Agreement (Brookfield Asset Management Inc.), Brookfield Asset Management Inc.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantor contained herein as of at the Execution Time and the Closing Date, to the accuracy of the statements of the Company and the Guarantor made in any the certificates to be delivered pursuant to the provisions hereof, to the performance by the Company and the Guarantor of its their obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Stanley Black & Decker, Inc.), Stanley Black & Decker, Inc., Stanley Black & Decker, Inc.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters 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 and Time, the Closing DateDate and any settlement date pursuant to Section 3 hereof, 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 their obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Digital Cinema Destinations Corp., Digital Cinema Destinations Corp., Digital Cinema Destinations Corp.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 3 contracts
Samples: Underwriting Agreement (iBio, Inc.), Underwriting Agreement (xG TECHNOLOGY, INC.), Underwriting Agreement (iBio, Inc.)
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Companies contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Companies made in any certificates pursuant to the provisions hereof, to the performance by the Company Companies of its their obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Omnicom Group Inc., Omnicom Group Inc., Omnicom Group Inc.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company CI contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company CI made in any certificates pursuant to the provisions hereof, to the performance by the Company CI of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: CI Financial Corp., CI Financial Corp., CI Financial Corp.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantor contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company and the Guarantor made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Guarantor of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Renaissancere Holdings LTD, Renaissancere Holdings LTD, Renaissancere Holdings LTD
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to (i) the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained herein as of the Execution Applicable Time and the Closing Date, to (ii) the performance by each of the Company and the Operating Partnership of its respective obligations hereunder, (iii) the accuracy of the statements of the Company and the Operating Partnership made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereof and to (iv) the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Digital Realty Trust, L.P.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Issuer and the Guarantors contained herein as of at the Execution Time and the Closing Date, to the accuracy of the statements of the Company Issuer and the Guarantors made in any certificates pursuant to the provisions hereof, to the performance by the Company Issuer and the Guarantors of its their obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: TRI Pointe Group, Inc., TRI Pointe Group, Inc., TRI Pointe Group, Inc.
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the 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 and Applicable Time, the Closing DateDate and any settlement date pursuant to Section 3 hereof, 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 3 contracts
Samples: Amsurg Corp, Amsurg Corp, Amsurg Corp
Conditions to the Obligations of the Underwriters. The ------------------------------------------------- obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 3 contracts
Samples: Danaher Corp /De/, National Service Industries Inc, Standard Pacific Corp /De/
Conditions to the Obligations of the Underwriters. The obligations ------------------------------------------------- of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 3 contracts
Samples: Loews Corp, Temple Inland Inc, Loews Corp
Conditions to the Obligations of the Underwriters. The -------------------------------------------------- obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company Issuers made in any certificates pursuant to the provisions hereof, to the performance by the Company Issuers of its their obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Subsidiary Guarantors contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company and the Subsidiary Guarantors made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Subsidiary Guarantors of its their respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Conditions to the Obligations of the Underwriters. The obligations of the Underwriters to purchase the Underwritten Securities pursuant to a Terms Agreement shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of at the Execution Time and 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 3 contracts
Samples: Terms Agreement (Interpublic Group of Companies, Inc.), Terms Agreement (Interpublic Group of Companies, Inc.), Interpublic Group of Companies, Inc.
Conditions to the Obligations of the Underwriters. The obligations of ------------------------------------------------- the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and 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 3 contracts
Samples: Underwriting Agreement (Frontier Corp /Ny/), Pride International Inc, McLeodusa Inc
