Common use of Description of Securities Clause in Contracts

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 19 contracts

Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Life Storage Lp)

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Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws 's Organizational Documents conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus Prospectus, and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 7 contracts

Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all classes or series of Preferred Stock outstanding on the date of this Agreement, all outstanding warrants and convertible securities, the authorized membership interests of Carvana Group, LLC and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 7 contracts

Samples: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all classes or series of Preferred Stock outstanding on the date of this Agreement, all outstanding warrants and convertible securities, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 7 contracts

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

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all outstanding warrants and convertible securities and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 7 contracts

Samples: Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all outstanding warrants and convertible securities, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 5 contracts

Samples: Underwriting Agreement (Velocity Financial, LLC), Underwriting Agreement (StealthGas Inc.), Underwriting Agreement (StealthGas Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws Organizational Documents conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus Prospectus, and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 5 contracts

Samples: Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws Organizational Documents conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus Prospectus, and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 4 contracts

Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus Disclosure Package and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 3 contracts

Samples: Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Sovran Self Storage Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter articles of incorporation and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 3 contracts

Samples: Underwriting Agreement (Laclede Group Inc), Underwriting Agreement (Spire Inc), Underwriting Agreement (Spire Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Helix Energy Solutions Group Inc), Equity Distribution Agreement (Archrock, Inc.), Equity Distribution Agreement (Helix Energy Solutions Group Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws 's Organizational Documents conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus Prospectus, and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, preferred stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 3 contracts

Samples: Underwriting Agreement (Northwest Natural Holding Co), Underwriting Agreement (Northwest Natural Gas Co), Northwest Natural Holding Co

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all classes or series of Preferred Stock outstanding on the date of this Agreement, all outstanding warrants and convertible securities, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 3 contracts

Samples: Underwriting Agreement (Avid Bioservices, Inc.), Underwriting Agreement (Avid Bioservices, Inc.), Underwriting Agreement (Globeimmune Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all outstanding warrants and convertible securities, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 2 contracts

Samples: Underwriting Agreement (Ensign Group, Inc), Underwriting Agreement (Golden Minerals Co)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Packages and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 2 contracts

Samples: Underwriting Agreement (Energy & Exploration Partners, Inc.), Underwriting Agreement (Taylor & Martin Group Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Rights and the Company’s charter and bylaws Common Stock conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus Prospectus, and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 2 contracts

Samples: Dealer Manager Agreement (GOLUB CAPITAL BDC, Inc.), Dealer Manager Agreement (Lument Finance Trust, Inc.)

Description of Securities. The Common Stock, Convertible Preferred Stock, and the authorized but unissued Preferred Stock, all warrants and convertible securities outstanding on the date of this Agreement and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 2 contracts

Samples: Underwriting Agreement (Insys Therapeutics, Inc.), Underwriting Agreement (Insys Therapeutics, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all classes or series of Preferred Stock outstanding on the date of this Agreement, all outstanding warrants and convertible securities and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 2 contracts

Samples: Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.)

Description of Securities. The Common Stock, the Preferred Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto (taken as a whole) contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 2 contracts

Samples: Underwriting Agreement (Clarus Therapeutics Inc), Underwriting Agreement (Clarus Therapeutics Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the samesame in all material respects.

Appears in 2 contracts

Samples: Kronos Worldwide (Kronos Worldwide Inc), Underwriting Agreement (Ruby Tuesday Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 2 contracts

Samples: Underwriting Agreement (Us Ecology, Inc.), Underwriting Agreement (Palmer Square Capital BDC Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter articles of incorporation and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Base Prospectus and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Zumiez Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Packages and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Carrols Restaurant Group, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Utilities Corp)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Lmi Aerospace Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter 's certificate of incorporation and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Volcom Inc

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, the Series A Preferred Stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Equity Distribution Agreement (Digimarc CORP)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s 's charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Packages and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Milestone AV Technologies, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter articles of incorporation and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Georesources Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, the Series A Preferred Stock, the Rights Plan Preferred Stock, the Rights Agreement, the Rights and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Equity Distribution Agreement (Digimarc CORP)

Description of Securities. The Common Stock, Stock and the authorized but unissued Preferred Stock, all outstanding warrants, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained or incorporated by reference in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Tracon Pharmaceuticals, Inc.)

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Description of Securities. The Common Stock, the Series A Preferred Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, each General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Light Sciences Oncology Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws Organizational Documents conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus Prospectus, and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter articles of incorporation and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Zumiez Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, the Series A Convertible Preferred Stock, all outstanding warrants and convertible securities, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Equity Distribution Agreement (Velocity Financial, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the Pricing Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Geo Group Inc

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Laclede Group Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter 's articles of incorporation and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Zumiez Inc

Description of Securities. The Common StockSecurities, the authorized but unissued Preferred Stock, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement General Disclosure Package and the Final Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Helix Energy Solutions Group Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter 's Amended and bylaws Restated Articles of Incorporation and Bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Radiation Therapy (Radiation Therapy Services Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stockall outstanding warrants and convertible securities, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Triangle Petroleum Corp)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all outstanding options, warrants and convertible securities (if any), and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (DENNY'S Corp)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, any classes or series of Preferred Stock outstanding on the date of this Agreement, and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Biocryst Pharmaceuticals Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, preferred stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwest Natural Holding Co)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s 's charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus Prospectus, and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Administration Agreement (Golub Capital BDC LLC)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, Stock and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Ladish Co Inc

Description of Securities. The Common Stock, the Series A Preferred Stock, the authorized but unissued Preferred Stock, and the Company’s 's charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, each General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Light Sciences Oncology Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, all outstanding warrants and convertible securities and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained or incorporated by reference in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform in all material respects to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Tabula Rasa HealthCare, Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s charter certificate of incorporation and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Volcom Inc)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, the Rights Plan Preferred Stock, the Rights Agreement, the Rights and the Company’s charter and bylaws conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement Statement, the General Disclosure Package and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Underwriting Agreement (Diana Containerships Inc.)

Description of Securities. The Common Stock, the authorized but unissued Preferred Stock, and the Company’s 's charter and bylaws (in each case after giving effect to the Pre-Closing Transactions) conform in all material respects to all of the respective statements relating thereto contained in the Registration Statement and the Prospectus and such statements conform to the rights set forth in the respective instruments and agreements defining the same.

Appears in 1 contract

Samples: Emageon Inc

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