Common use of Contents of Registration Statement Clause in Contracts

Contents of Registration Statement. At the time the Registration Statement became effective, at the date of this Agreement and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, the Registration Statement conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; the Prospectus, at the time the Prospectus became effective and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that the foregoing representations and warranties in this paragraph (d) shall not apply to information contained in or omitted from the Registration Statement or the Prospectus in reliance upon, and in conformity with, written information furnished to the Company by or on behalf of the Underwriter specifically for inclusion therein, which information the parties hereto agree is limited to the Underwriter’s Information.

Contents of Registration Statement. At the time the Registration Statement became effective, at the date of this Agreement and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, the Registration Statement conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; the Prospectus, at the time the Prospectus became effective was issued and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that the foregoing representations and warranties in this paragraph (d) shall not apply to information contained in or omitted from the Registration Statement or the Prospectus in reliance upon, and in conformity with, written information furnished to the Company by or on behalf of the Underwriter specifically for inclusion therein, which information the parties hereto agree is limited to the Underwriter’s 's Information.

Contents of Registration Statement. At the time the Registration Statement became effective, at the date of this Agreement and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, the Registration Statement conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; each Preliminary Prospectus (if any), at the time of filing thereof, conformed in all material respects to the requirements of the Securities Act and the Rules and Regulations, and did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; the Prospectus, at the time the Prospectus became effective was issued and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that the foregoing representations and warranties in this paragraph (d) shall not apply to information contained in or omitted from the Registration Statement or the Prospectus in reliance upon, and in conformity with, written information furnished to the Company by or on behalf of the Underwriter specifically for inclusion therein, which information the parties hereto agree is limited to the Underwriter’s Information.

Contents of Registration Statement. At the time the The Registration Statement became effectivewill conform, at the date of this Agreement and as of the Time of Purchase and any Additional Time of PurchaseEffective Time, as the case may be, the Registration Statement conformed and will conform in all material respects to the requirements of the Securities Act and will not, as of the Rules Effective Date, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made not misleading; and Regulations the Prospectus and did any further amendments or supplements to such Registration Statement will conform, as of their respective dates or when they are declared effective by the Commission, as the case may be, in each case, in all material respects to the requirements of the Securities Act and collectively do not and will not not, as of the applicable date thereof or when declared effective by the Commission, as the case may be, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; (with respect to the applicable Prospectus, at in the time the Prospectus became effective and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, ) not misleading; provided, however, provided that no representation or warranty is made by the foregoing representations and warranties in this paragraph (d) shall not apply Company as to information contained in or omitted from the such Registration Statement or the applicable Prospectus in reliance upon, upon and in conformity with, with written information regarding Investor furnished to the Company by or on behalf of the Underwriter Investor specifically for inclusion thereintherein (collectively, which information the parties hereto agree is limited to the Underwriter’s “Investor Information”) under appropriate headings and in its final form as approved by Investor and its counsel.

Contents of Registration Statement. At the time the The Registration Statement became effectivewill conform, at the date of this Agreement and as of the Time of Purchase and any Additional Time of PurchaseEffective Time, as the case may be, the Registration Statement conformed and will conform in all material respects to the requirements of the Securities Act and will not, as of the Rules Effective Date, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made not misleading; and Regulations the Prospectus and did any further amendments or supplements to such Registration Statement will conform, as of their respective dates or when they are declared effective by the Commission, as the case may be, in each case, in all material respects to the requirements of the Securities Act and collectively do not and will not not, as of the applicable date thereof or when declared effective by the Commission, as the case may be, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; (with respect to the applicable Prospectus, at in the time the Prospectus became effective and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, ) not misleading; provided, however, provided that no representation or warranty is made by the foregoing representations and warranties in this paragraph (d) shall not apply Company as to information contained in or omitted from the such Registration Statement or the applicable Prospectus in reliance upon, upon and in conformity with, with written information regarding Ancora furnished to the Company by or on behalf of the Underwriter Ancora specifically for inclusion thereintherein (collectively, which information the parties hereto agree is limited to the Underwriter’s “Ancora Information”) under appropriate headings and in its final form as approved by Ancora and its counsel.

Contents of Registration Statement. At the time the Registration Statement became effective, at the date of this Agreement and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, the Registration Statement conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; each Preliminary Prospectus (if any), at the time of filing thereof, conformed in all material respects to the requirements of the Securities Act and the Rules and Regulations, and did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; the Prospectus, at the time the Prospectus became effective was issued and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that the foregoing representations and warranties in this paragraph (d) shall not apply to information contained in or omitted from the Registration Statement or the Prospectus in reliance upon, and in conformity with, written information furnished to the Company by or on behalf of the Underwriter Underwriters specifically for inclusion therein, which information the parties hereto agree is limited to the Underwriter’s Underwriters’ Information.

Contents of Registration Statement. At On the time Effective Date, and at all times subsequent thereto for so long as the delivery of a prospectus is required in connection with the offering or sale of any of the Shares, (a) the Registration Statement became effective, at and the date of this Agreement and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, the Registration Statement conformed and will conform Prospectus shall in all material respects conform to the requirements of the Securities Act and the Rules and Regulations Regulations, and did not and will not contain (b) neither the Registration Statement nor the Prospectus shall include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to or make the statements therein not misleading; the Prospectus, at the time the Prospectus became effective and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under in which they were made, not misleading; provided, however, that the foregoing representations and Company makes no representations, warranties in this paragraph (d) shall not apply or agreements as to information contained in or omitted from the Registration Statement or the Prospectus in reliance upon, and in conformity with, written information furnished to the Company by or on behalf of the Underwriter Placement Agent specifically for use in the preparation thereof. The Placement Agent represents and warrants to the Company that, to the extent funished in writing by the Placement Agent for inclusion in the Registration Statement and Prospectus, the statements set forth in the Prospectus with respect to stabilization, the material set forth under the caption "PLAN OF DISTRIBUTION," the information on the cover page of the Prospectus regarding the selling arrangements, is true and correct in all material respects and does not omit to state any material fact required to be stated therein or necessary to make statements therein, in light of the circumstances in which information the parties hereto agree is limited to the Underwriter’s Informationthey were made, not misleading.

Contents of Registration Statement. At On the time Effective Date, and at all times subsequent thereto for so long as the delivery of a prospectus is required in connection with the offering or sale of any of the Securities, (a) the Registration Statement became effective, at and the date of this Agreement and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, the Registration Statement conformed and will conform Prospectus shall in all material respects conform to the requirements of the Securities Act and the Rules and Regulations Regulations, and did not and will not contain (b) neither the Registration Statement nor the Prospectus shall include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to or make the statements therein not misleading; the Prospectus, at the time the Prospectus became effective and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under in which they were made, not misleading; provided, however, that the foregoing representations and Company, makes no representations, warranties in this paragraph (d) shall not apply or agreements as to information contained in or omitted from the Registration Statement or the Prospectus in reliance upon, and in conformity with, written information furnished to the Company by or on behalf of the Underwriter specifically for inclusion thereinuse in the preparation thereof. It is understood that the statements set forth in the Prospectus with respect to stabilization, the material set forth under the caption "UNDERWRITING," the information on the cover page of the Prospectus regarding the underwriting arrangements and the identity of the Underwriter's Counsel under the caption "LEGAL MATTERS," which information the parties hereto agree is limited Underwriter hereby represents and warrants to the Underwriter’s InformationCompany is true and correct in all material respects and does not omit to state any material fact required to be stated therein or necessary to make statements therein, in light of the circumstances in which they were made, not misleading, constitute the only information furnished in writing by or on behalf of the Underwriters for inclusion in the Registration Statement and Prospectus, as the case may be.

Contents of Registration Statement. At On the time Effective Date, and at all times subsequent thereto for so long as the delivery of a prospectus is required in connection with the offering or sale of any of the Securities, (a) the Registration Statement became effective, at and the date of this Agreement and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, the Registration Statement conformed and will conform Prospectus shall in all material respects conform to the requirements of the Securities Act and the Rules and Regulations Regulations, and did not and will not contain (b) neither the Registration Statement nor the Prospectus shall include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading; the Prospectus, at the time the Prospectus became effective and as of the Time of Purchase and any Additional Time of Purchase, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act and the Rules and Regulations and did not and will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under in which they were made, not misleading; provided, however, that the foregoing representations and Company, makes no representations, warranties in this paragraph (d) shall not apply or agreements as to information contained in or omitted from the Registration Statement or the Prospectus in reliance upon, and in conformity with, written information furnished to the Company by or on behalf of the Underwriter Underwriters specifically for inclusion thereinuse in the preparation thereof. It is understood that the statements set forth in the Prospectus with respect to stabilization, the material set forth under the caption "UNDERWRITING," the information on the cover page of the Prospectus regarding the underwriting arrangements and the identity of the Underwriters' Counsel under the caption "LEGAL MATTERS," which information the parties hereto agree is limited Underwriters hereby represents and warrants to the Underwriter’s InformationCompany is true and correct in all material respects and does not omit to state any material fact required to be stated therein or necessary to make statements therein, in light of the circumstances in which they were made, not misleading, constitute the only information furnished in writing by or on behalf of the Underwriters for inclusion in the Registration Statement and Prospectus, as the case may be.