Common use of Conditions to the Underwriters’ Obligations Clause in Contracts

Conditions to the Underwriters’ Obligations. The obligations of the Underwriters to purchase the Securities on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company, the Adviser and the Administrator contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

Appears in 17 contracts

Samples: Underwriting Agreement (Gladstone Capital Corp), Underwriting Agreement (Gladstone Investment Corporation\de), Underwriting Agreement (Gladstone Investment Corporation\de)

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Conditions to the Underwriters’ Obligations. The obligations of the Underwriters to purchase the Securities on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company, Company and the Adviser and the Administrator contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

Appears in 10 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase the Securities Shares on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the each Option Closing Date, as the case may be, shall be subject to the accuracy as of the date hereof, and as of the Closing Date (and, if applicable, the Option Closing Date), of the representations and warranties of the Company, the Adviser and the Administrator Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Healthcare Realty Trust Inc), Underwriting Agreement (Healthcare Realty Trust Inc), Underwriting Agreement (Healthcare Realty Trust Inc)

Conditions to the Underwriters’ Obligations. The obligations of the Underwriters to purchase the Securities on the Closing Date and the Option Securities, if any, on the applicable Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company, the Adviser and the Administrator Company contained herein, and to the performance by the Company of its the covenants and obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase the Securities Shares on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the each Option Closing Date, as the case may be, shall be subject to the accuracy as of the date hereof, and as of the Closing Date (and, if applicable, any Option Closing Date), of the representations and warranties of the Company, the Adviser and the Administrator Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Healthcare Realty Trust Inc), Underwriting Agreement (Healthcare Realty Trust Inc)

Conditions to the Underwriters’ Obligations. The obligations several obligation of the Underwriters hereunder to purchase the Securities Firm Shares on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Additional Shares on an Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties of the Company, the Adviser Company and the Administrator contained hereinOperating Partnership herein contained, and to the performance by the Company of its covenants and obligations hereunder hereunder, and to the following additional further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Excel Trust, Inc.), Underwriting Agreement (Excel Trust, Inc.)

Conditions to the Underwriters’ Obligations. The obligations of the Underwriters to purchase the Securities on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company, the Adviser and the Administrator Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (PhenixFIN Corp)

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Conditions to the Underwriters’ Obligations. The obligations obligation of the Underwriters Underwriter to purchase and pay for the Firm Securities on the Closing Date and the Option Securities, if any, or on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company, the Adviser and the Administrator contained herein, and is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Micron Technology Inc)

Conditions to the Underwriters’ Obligations. The obligations of the Underwriters hereunder to purchase the Securities Shares on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the each Option Closing Date, as the case may be, shall be subject to the accuracy as of the date hereof, and as of the Closing Date (and, if applicable, any Option Closing Date), of the representations and warranties of the Company, the Adviser and the Administrator Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Healthcare Realty Trust Inc)

Conditions to the Underwriters’ Obligations. The obligations of the Underwriters to purchase the Securities on the Closing Date and the Option Securities, if any, on the Option Closing Date are subject to the accuracy, as of the Applicable Time, the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company, the Adviser and the Administrator Transaction Entities contained herein, and to the performance by the Company Transaction Entities of its the covenants and obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Management Agreement (PennyMac Mortgage Investment Trust)

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