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

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 20 contracts

Samples: Underwriting Agreement (Sun Hydraulics Corp), Underwriting Agreement (Spirit of Texas Bancshares, Inc.), Underwriting Agreement (Allegiance Bancshares, Inc.)

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Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are hereunder shall be subject to the condition that all representations and warranties on the part and other statements of the Operating Partnership and the Company contained herein or in this Agreement are, on certificates of any officer of the Operating Partnership or the Company delivered pursuant to the provisions hereof are as of the date hereof, on as of the Applicable Time and as of the Closing Date and on each Option Closing Date, if any, true and correct, and the condition that the Operating Partnership and the Company has shall have performed its all of their obligations required hereunder theretofore to be performed prior to the Closing Date performed, and the following further additional conditions:

Appears in 8 contracts

Samples: Underwriting Agreement (Highwoods Realty LTD Partnership), Underwriting Agreement (Highwoods Realty LTD Partnership), Underwriting Agreement (Highwoods Realty LTD Partnership)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject hereunder shall be subject, in their discretion, to the condition that all representations and warranties on the part and other statements of the Company contained in this Agreement herein are, on the date hereof, on at and as of the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has shall have performed all of its obligations required hereunder theretofore to be performed prior to the Closing Date performed, and the following further additional conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Arrow Electronics, Inc.), Arrow Electronics, Inc, Underwriting Agreement (Arrow Electronics Inc)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement herein are, on at the date hereof, on at the Closing Date and on at each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed hereunder prior to the Closing Date and the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (York Water Co), Underwriting Agreement (Chembio Diagnostics, Inc.), Underwriting Agreement (Mayville Engineering Company, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to (x) the condition that all accuracy as of the date hereof and as of the Closing Date or the applicable Option Closing Date, as the case may be, of the representations and warranties on the part of the Company contained herein or in this Agreement are, on certificates of any officer of the date Company delivered pursuant to the provisions hereof, (y) the performance by the Company of its covenants and other obligations to be performed or satisfied hereunder on or before the Closing Date and on each or such Option Closing Date, if anyas the case may be, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and (z) the following further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Chimerix Inc), Chimerix Inc, Chimerix Inc

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and each Selling Stockholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has and each Selling Stockholder have performed its their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Radius Bancorp Inc.), Underwriting Agreement (Roadrunner Transportation Systems, Inc.), Underwriting Agreement (Rosetta Stone Inc)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all accuracy of the representations and warranties on the part of the Company Partnership Parties contained in this Agreement areAgreement, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has Partnership Parties have performed its their obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (New Source Energy Partners L.P.), Underwriting Agreement (New Source Energy Partners L.P.), Underwriting Agreement (New Source Energy Partners L.P.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Augme Technologies, Inc.), Underwriting Agreement (Inovio Pharmaceuticals, Inc.), Underwriting Agreement (Bank of Kentucky Financial Corp)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company or the general partner of the Operating Partnership delivered pursuant to the provisions hereof are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has and the Operating Partnership have performed its their respective covenants and obligations required to be performed prior to the Closing Date and each Option Closing Date, if any, and the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Summit Hotel OP, LP), Underwriting Agreement (Summit Hotel Properties, Inc.), Underwriting Agreement (Summit Hotel Properties, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and each Selling Stockholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company and each Selling Stockholder has performed its their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Roadrunner Transportation Systems, Inc.), Underwriting Agreement (Roadrunner Transportation Services Holdings, Inc.), Roadrunner Transportation Systems, Inc.

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Commercial Vehicle Group, Inc.), 2 (American Dental Partners Inc), Underwriting Agreement (Regal Beloit Corp)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and the Partnership contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Supertel Hospitality Inc), Underwriting Agreement (Supertel Hospitality Inc)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correctcorrect in all material respects (expect that if a representation and warranty is made as of a specific date, and such date is expressly referred to therein, such representation and warranty shall be true and correct in all material respects as of such date), the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (California Water Service Group), California Water Service Group

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all accuracy of the representations and warranties on the part of the Company contained in this Agreement are, and the Guarantors on the date hereof, on the First Closing Date and and, if applicable, on each any Option Closing Date, if any, true in all material respects where such representations and correctwarranties are not qualified by materiality or Material Adverse Effect, the condition that performance by the Company has performed its and the Guarantors of their obligations required to be performed prior hereunder in all material respects and to the Closing Date and the following further additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Alpha Natural Resources, Inc.), Underwriting Agreement (Alpha Natural Resources, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and each Selling Shareholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has and the Selling Shareholders have performed its their respective obligations required to be performed prior to the Closing Date or the Option Closing Date, as the case may be, and the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Vera Bradley, Inc.), Vera Bradley, Inc.

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and the Selling Shareholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correctcorrect in all material respects, the condition that the Company has and the Selling Shareholder have performed its in all material respects their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (IBEX LTD), Underwriting Agreement (IBEX LTD)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, and on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Cas Medical Systems Inc), Purchase Agreement (Cas Medical Systems Inc)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter are subject to the condition that all representations and warranties on the part of the Company and each Selling Stockholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, are true and correct, the condition that the Company has and each Selling Stockholder have performed its their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (McBc Holdings, Inc.), Underwriting Agreement (McBc Holdings, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and each Selling Stockholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, are true and correct, the condition that the Company has and each Selling Stockholder have performed its their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (McBc Holdings, Inc.), Underwriting Agreement (McBc Holdings, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company Transaction Entities contained in this Agreement or in certificates of any officer of the Company or the general partner of the Operating Partnership delivered pursuant to the provisions hereof are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that each of the Company Transaction Entities has performed its respective covenants and obligations required to be performed prior to the Closing Date and each Option Closing Date, if any, and the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject hereunder shall be subject, in their discretion, to the condition that all representations and warranties on the part and other statements of the Company contained in this Agreement herein are, on the date hereof, on the Closing Date and on as of each Option Closing Date, if any, true and correct, the condition that the Company has shall have performed all of its obligations required hereunder theretofore to be performed prior to the Closing Date performed, and the following further additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Marshall & Ilsley Corp), Marshall & Ilsley Corp

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to (i) the condition that all representations and warranties on the part of the Company and the Selling Shareholder contained in this Agreement are, on the date hereof, on the Closing Date and and, with respect to the Company, on each Option Closing Date, if any, true and correct, (ii) the condition that the Company has performed its obligations required to be performed prior to the Closing Date and (iii) the following further conditions:

Appears in 1 contract

Samples: Purchase Agreement (Datalink Corp)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter are subject to the condition that all representations and warranties on the part of the Company and each Selling Stockholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has and each Selling Stockholder have performed its their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Roadrunner Transportation Systems, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are hereunder shall be subject to the condition that all representations and warranties on the part and other statements of the Company contained and the Operating Partnership herein or in this Agreement are, on certificates of any officer of the Company or the Operating Partnership delivered pursuant to the provisions hereof are as of the date hereof, on as of the Applicable Time and as of the Closing Date and on each Option Closing Date, if any, true and correct, and the condition that the Company has and the Operating Partnership shall have performed its all of their obligations required hereunder theretofore to be performed prior to the Closing Date performed, and the following further additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Highwoods Realty LTD Partnership)

Conditions to the Underwriters’ Obligations. The several obligations obligation of the Underwriters are subject Underwriter to purchase and pay for the Shares on the Closing Date is subject, in the discretion of the Underwriter, to the condition that all representations and warranties on the part and other statements of the Company contained in this Agreement are, on at and as of the date hereof, on of this Agreement and the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has shall have performed all of its obligations required hereunder theretofore to be performed prior performed, and to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Partnerre LTD)

Conditions to the Underwriters’ Obligations. The several obligations obligation of the Underwriters are Underwriter is subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, and, subject to the matters described on Exhibit D hereto, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and each Option Closing Date, if any, and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Exact Sciences Corp)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correctcorrect in all material respects, the condition that the Company has performed in all material respects its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (IBEX Holdings LTD)

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Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and each Selling Shareholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has and each Selling Shareholder have performed its their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (County Bancorp, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correctcorrect in all material respects, the condition that the Company has performed in all material respects its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Hudson Highland Group Inc)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and the Partnership contained in this Agreement or any certificate delivered pursuant to this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company and the Partnership has performed its respective obligations required to be performed prior to the Closing Date or the applicable Option Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Supertel Hospitality Inc)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and the Partnership contained in this Agreement are, on the date hereof, on the Closing Date and 20 on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Investors Real Estate Trust

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, and, subject to the matters described on Exhibit E hereto, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and each Option Closing Date, if any, and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Exact Sciences Corp)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject hereunder shall be subject, in their discretion, to the condition that all representations and warranties on the part and other statements of the Company contained in this Agreement areAgreement, on at and as of the date hereof, on the Closing Date and on each Option Closing Date, if any, shall be true and correct, the condition that the Company has shall have performed in all material respects all of its obligations required hereunder theretofore to be performed prior to the Closing Date performed, and the following further additional conditions:

Appears in 1 contract

Samples: Mylan N.V.

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement (or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof) are, on the date hereof, and will be, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date or applicable Option Closing Date and the following further conditions:

Appears in 1 contract

Samples: Franklin Street Properties Corp /Ma/

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject hereunder, as to the Shares to be delivered at the Closing Date and the Option Closing Date, shall be subject, in the discretion of the Underwriters, to the condition that all representations and warranties on the part and other statements of the Company contained in this Agreement herein are, on the date hereof, on the at and as of each of such Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has shall have performed all of its obligations required theretofore to be performed prior to the Closing Date performed, and the following further additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (First Community Corp /Sc/)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, hereof and on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Purchase Agreement (AMERICAN EAGLE ENERGY Corp)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and the Operating Partnership contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has and the Operating Partnership have performed its their respective covenants and obligations required to be performed prior to the Closing Date and each Option Closing Date, if any, and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Richmond Honan Medical Properties Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and the Selling Stockholder contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has and the Selling Stockholder have performed its their respective obligations required to be performed prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Roadrunner Transportation Systems, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company Company, the Operating Partnership and the Manager contained in this Agreement are, on the date hereof, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has Company, the Operating Partnership and the Manager have performed its the obligations required to be performed by them prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: RiverBanc Multifamily Investors, Inc.

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company and each Selling Stockholder contained in this Agreement herein are, on at the date hereof, on at the Closing Date and on at each Option Closing Date, if any, true and correct, the condition that the Company has and each Selling Stockholder have performed its their respective obligations required to be performed hereunder prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Construction Partners, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement herein are, on at the date hereof, on at the Closing Date and on at each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed hereunder prior to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Artesian Resources Corp

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject to the condition that all representations and warranties on the part of the Company contained in this Agreement are, on the date hereof, at the Time of Sale, on the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has performed its obligations required to be performed prior to the Closing Date or Option Closing Date, as the case may be, and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Ubic, Inc.)

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters are subject Underwriter hereunder, as to the Shares to be delivered at the Closing Date and the Option Closing Date, shall be subject, in the discretion of the Underwriter, to the condition that all representations and warranties on the part and other statements of the Company contained in this Agreement herein are, on the date hereof, on the at and as of each of such Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has shall have performed all of its obligations required theretofore to be performed prior to the Closing Date performed, and the following further additional conditions:

Appears in 1 contract

Samples: Coastal Banking Co Inc

Conditions to the Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Shares on the Closing Date are subject subject, in the discretion of the Underwriters, to the condition that all representations and warranties on the part and other statements of the Company contained in this Agreement are, on the date hereof, on at and as of the Closing Date and on each Option Closing Date, if any, true and correct, the condition that the Company has shall have performed all of its obligations required hereunder theretofore to be performed prior performed, and to the Closing Date and the following further conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Partnerre LTD)

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