Common use of Information Provided by the Underwriters Clause in Contracts

Information Provided by the Underwriters. Each of the Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or Exchange Act, hereby acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph and the tenth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 3 contracts

Samples: Underwriting Agreement (Keynote Systems Inc), Underwriting Agreement (Keynote Systems Inc), Underwriting Agreement (Keynote Systems Inc)

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Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters (including the Representatives) have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph and the tenth fourth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 2 contracts

Samples: Orderly Marketing Agreement (Keryx Biophamaeuticals Inc), Keryx Biopharmaceuticals Inc

Information Provided by the Underwriters. Each The Company and each of the Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or Exchange Act, Stockholders hereby acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Shareholders Stockholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements information set forth in the table in the first paragraph and the seventh paragraph and statements in the tenth second paragraph under the caption "Underwriting" in the Prospectus; Prospectus and the statements in the paragraphs entitled "Stabilization," "Passive Market Making" and "New Underwriters" under the caption "Underwriting" in the Prospectus. The Underwriters confirm that such statements are correct.

Appears in 2 contracts

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

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the second, third and tenth paragraphs and the table in following the first paragraph and the seventh paragraph and the tenth paragraph paragraph, each under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 2 contracts

Samples: Esperion Therapeutics Inc/Mi, Esperion Therapeutics Inc/Mi

Information Provided by the Underwriters. Each of the Company and each of the Selling ShareholdersStockholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph and the tenth paragraph last four paragraphs under the caption "Underwriting" in the Prospectus; , and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Delta Financial Corp)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph second, fourth, eleventh and the tenth paragraph twelfth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (I Many Inc)

Information Provided by the Underwriters. Each of the Company and each of the Selling ShareholdersStockholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph and the tenth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Net Perceptions Inc)

Information Provided by the Underwriters. Each of the Company and each of the Selling ShareholdersStockholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus the Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto) ), or any Issuer Free Writing Prospectus are the statements set forth in the table in the first paragraph second and the seventh paragraph and the tenth paragraph fourth sentences under the heading “Commissions and Discounts,” the Statements relating to syndicate short sales and stabilization caption "Underwriting" in the Prospectus; , and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (JMP Group Inc.)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh second paragraph and the tenth paragraph [__] paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Extricity Inc)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders in writing expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second, eighth and the seventh paragraph and the tenth paragraph ninth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Visible Genetics Inc)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh second paragraph third and the tenth paragraph ninth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Quest Software Inc)

Information Provided by the Underwriters. Each of the Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or Exchange Act, Stockholders hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus Statement or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the Prospectus under the caption "Underwriting" as follows: (i) in the table in the first paragraph and the seventh paragraph and the tenth paragraph under the caption "Underwriting" second paragraph, (ii) in the Prospectus; subsection entitled "Syndicated Short Sales" and (iii) in the subsection entitled "Stabilization;" and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Landrys Restaurants Inc)

Information Provided by the Underwriters. Each of the Company and each of the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or Exchange ActStockholders, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders Stockholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph and the seventh paragraph and the tenth eighth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Varsitybooks Com Inc)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or and the Exchange Act, Act hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph second and the tenth paragraph eleventh and twelfth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Charter Municipal Mortgage Acceptance Co)

Information Provided by the Underwriters. Each of the Company and each of the Selling ShareholdersStockholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph paragraph, the second paragraph, the paragraphs entitled "Stabilization" and the seventh paragraph and the tenth paragraph "Passive Market Making" under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Impco Technologies Inc)

Information Provided by the Underwriters. [Each of] The Company [and each of the Company Principal Selling Stockholders,] [and each of the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or Exchange Act, Stockholders,] hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company [and the Selling Shareholders Stockholders] expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh second paragraph [second and the tenth paragraph [_]/22/ paragraphs] under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Blaze Software Inc

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Information Provided by the Underwriters. Each The Company and each of the Company and the Selling ShareholdersStockholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph and the tenth second paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Applied Science & Technology Inc)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, the General Disclosure Package, any preliminary prospectus Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph third, ninth, tenth, eleventh, twelfth, fifteenth and the seventh paragraph and the tenth paragraph sixteenth paragraphs under the caption "Underwriting" in the Prospectus; , and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (MeetMe, Inc.)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in first paragraph (including the first table), the second paragraph, the third paragraph and the seventh paragraph and the tenth final paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Webridge Inc)

Information Provided by the Underwriters. Each of the Company and the Selling Shareholders, Stockholder and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph second, fourth and the tenth paragraph thirteenth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Lantronix)

Information Provided by the Underwriters. Each of the Company and each of the Selling ShareholdersStockholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are are, the names of the Underwriters, the statements set forth in the table in the first paragraph and the seventh paragraph second, third, eighth and the tenth paragraph fourteenth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Convergent Group Corp)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph and the seventh paragraph and the tenth paragraph entitled "Stabilization" under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Cubist Pharmaceuticals Inc)

Information Provided by the Underwriters. Each of the Company and of the Selling Shareholders, Stockholder and each person, if any, who controls the Company or the Selling Stockholder within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the seventh paragraph and the tenth fourth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Netgear Inc)

Information Provided by the Underwriters. Each of the The Company and the Selling Shareholders, and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any applicable preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, fifth, seventh, eighth and the seventh paragraph and the tenth paragraph ninth paragraphs under the caption "Underwriting" in the Prospectus; , and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Novastar Financial Inc)

Information Provided by the Underwriters. Each of the Company and Company, the Selling ShareholdersShareholder, the General Partner, the Partners and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledge acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in (a) the table in following the first paragraph paragraph, and (b) the seventh paragraph third, fourth, eleventh and the tenth paragraph twelfth paragraphs, each under the caption "Underwriting" in the Prospectus; , and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (United Pan Am Financial Corp)

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