Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 16 contracts
Samples: Underwriting Agreement (Allison Transmission Holdings Inc), Underwriting Agreement (Allison Transmission Holdings Inc), Underwriting Agreement (Allison Transmission Holdings Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 15 contracts
Samples: Purchase Agreement (Broadpoint Gleacher Securities Group, Inc.), Underwriting Agreement (ATD Corp), Purchase Agreement (Mitel Networks Corp)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 13 contracts
Samples: Underwriting Agreement (Metaldyne Performance Group Inc.), Underwriting Agreement (J.Jill, Inc.), Purchase Agreement (Owens Corning/Fibreboard Asbestos Personal Injury Trust)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 10 contracts
Samples: Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (VWR Corp), Purchase Agreement (Tornier N.V.)
Officer’s Certificates. Any certificate signed by any officer of the Company Company, the Operating Partnership or any of its their subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company or the Operating Partnership, as the case may be, to the each Underwriter as to the matters covered thereby; and any . Any certificate signed by or on behalf any officer of the Selling Shareholders as such and Manager delivered to the Underwriter Underwriters or to counsel for the Underwriter pursuant to the terms of this Agreement Underwriters shall be deemed a representation and warranty by such Selling Shareholder the Manager to the each Underwriter as to the matters covered thereby.
Appears in 10 contracts
Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 8 contracts
Samples: Purchase Agreement (Zoltek Companies Inc), Agreement (Archipelago Learning, Inc.), Tomotherapy Incorporated (TomoTherapy Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 7 contracts
Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to this Agreement shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 6 contracts
Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (ORIX HLHZ Holding LLC), Underwriting Agreement (Houlihan Lokey, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 6 contracts
Samples: Form of Purchase Agreement (Encore Bancshares Inc), Perry Ellis International Inc, Purchase Agreement (Adams Respiratory Therapeutics, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 6 contracts
Samples: Underwriting Agreement (Grocery Outlet Holding Corp.), Underwriting Agreement (Grocery Outlet Holding Corp.), Underwriting Agreement (Coty Inc /)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 6 contracts
Samples: Underwriting Agreement (GNC Corp), Purchase Agreement (Fresh Market, Inc.), Underwriting Agreement (GNC Corp)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 5 contracts
Samples: Purchase Agreement (Owens Corning/Fibreboard Asbestos Personal Injury Trust), Underwriting Agreement (Gci Liberty, Inc.), Underwriting Agreement (LendingTree, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 5 contracts
Samples: Underwriting Agreement (Veritiv Corp), Underwriting Agreement (Veritiv Corp), Purchase Agreement (Fei Co)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 5 contracts
Samples: Purchase Agreement (Checkfree Holdings Corp \Ga\), Purchase Agreement (Infonet Services Corp), Purchase Agreement (Oriental Financial Group Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company and not by such officer in his personal capacity to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder and not by such officer in his personal capacity to the Underwriter Underwriters as to the matters covered thereby.
Appears in 5 contracts
Samples: Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (OM Asset Management PLC)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 5 contracts
Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 5 contracts
Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 4 contracts
Samples: Underwriting Agreement (Purple Innovation, Inc.), Purchase Agreement (Syntax-Brillian Corp), Underwriting Agreement (Angie's List, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 4 contracts
Samples: Underwriting Agreement (James River Group Holdings, Ltd.), Underwriting Agreement (James River Group Holdings, Ltd.), Underwriting Agreement (James River Group Holdings, Ltd.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries the Subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 4 contracts
Samples: Underwriting Agreement (Taylor Capital Group Inc), Underwriting Agreement (Taylor Capital Group Inc), Underwriting Agreement (Emc Insurance Group Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer or other representative of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any . Any certificate signed by any officer or on behalf other representative of the Selling Shareholders as such and Manager delivered to the Underwriter Representative or to counsel for the Underwriter pursuant to the terms of this Agreement Underwriters shall be deemed a representation and warranty by such Selling Shareholder the Manager to the each Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Endurance Specialty Holdings LTD)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Selling Stockholders and the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement Section 5 hereof shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Triumph Group Inc), Underwriting Agreement (Triumph Group Inc), Underwriting Agreement (Triumph Group Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (VWR Corp), VWR Corporation (VWR Corp), Underwriting Agreement (VWR Corp)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to this Agreement shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Ipg Photonics Corp), Underwriting Agreement (Kinetik Holdings Inc.), Underwriting Agreement (Kinetik Holdings Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (SoFi Technologies, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter pursuant to this Agreement shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Purchase Agreement (Sigmatel Inc), Underwriting Agreement (Inspire Medical Systems, Inc.), Purchase Agreement (Sigmatel Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or the Operating Partnership or any of its their subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company and the Operating Partnership to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (DigitalBridge Group, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative, the Selling Shareholder or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to each Underwriter and the Underwriter Selling Shareholder as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter Representative pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Purchase Agreement (Amgen Inc), Purchase Agreement (Regeneron Pharmaceuticals Inc), Regeneron Pharmaceuticals Inc
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to this Agreement shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.), Purchase Agreement (MSC Industrial Direct Co Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Shareholders to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Purchase Agreement (Keyw Holding Corp), Purchase Agreement (Keyw Holding Corp), Purchase Agreement (Network Access Solutions Corp)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Noranda Aluminum Holding CORP), Underwriting Agreement (Noranda Aluminum Holding CORP), Underwriting Agreement (Noranda Aluminum Holding CORP)
Officer’s Certificates. Any certificate signed by any officer of the Company Transaction Entities or any of its their subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company Transaction Entities to the Underwriter as to the matters covered thereby; and any certificate certificates signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company (and not by such officer in his or her personal capacity) to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company Transaction Entities or any of its their subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company Transaction Entities to the each Underwriter as to the matters covered thereby; and any certificate certificates signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, Inc.), Hudson Pacific Properties, Inc.
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Ameristar Casinos Inc), Purchase Agreement (Istar Financial Inc), Purchase Agreement (Arch Coal Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Cross Country Healthcare Inc), Underwriting Agreement (Cross Country Healthcare Inc)
Officer’s Certificates. Any certificate duly signed by any authorized officer of the Company or any of its subsidiaries the Group Entities and delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Hutchison China MediTech LTD), Underwriting Agreement (CK Hutchison Holdings LTD)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries the Subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; , and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Access National Corp), Underwriting Agreement (Access National Corp)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the such Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Talmer Bancorp, Inc.), Underwriting Agreement (Talmer Bancorp, Inc.)
Officer’s Certificates. Any certificate signed by any officer or other representative of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Shareholders to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Playa Hotels & Resorts N.V.), Underwriting Agreement (Playa Hotels & Resorts N.V.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries addressed and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Erickson Air-Crane Inc), Underwriting Agreement (Erickson Air-Crane Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries subsidiary delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Underwriting Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Stockholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (HD Supply Holdings, Inc.), Underwriting Agreement (HD Supply Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Purple Innovation, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such Shareholder and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Eastshore Aviation, LLC)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement and the applicable Terms Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (American Axle & Manufacturing Holdings Inc), Terms Agreement (American Axle & Manufacturing Holdings Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of any of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter pursuant to the terms of this Agreement Underwriters shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Tropical Sportswear International Corp), Purchase Agreement (Kirklands Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Superior Offshore International Inc.), Purchase Agreement (Superior Offshore International Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the one or more Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Shareholder(s) to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Eros International PLC), Underwriting Agreement (Eros International PLC)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Westpoint Stevens Inc), Purchase Agreement (Mdu Resources Group Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (DST Systems Inc), Underwriting Agreement (Springleaf Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Purple Innovation, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)
Officer’s Certificates. Any certificate signed by any officer of either of the Company or any of its subsidiaries Transaction Entities delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company such Transaction Entity to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by each such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Merrxxx Xxxcx, xxe Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Merrxxx Xxxcx, xxe Representatives or to counsel for the Underwriter pursuant to the terms of this Agreement Underwriters shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Edison Schools Inc), Purchase Agreement (Edison Schools Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (HD Supply Holdings, Inc.), Underwriting Agreement (Fresh Market, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter pursuant to this Agreement shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (TBS International LTD), Underwriting Agreement (TBS International LTD)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Purple Innovation, Inc.), Purchase Agreement (Istar Financial Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Odyssey Healthcare Inc), Purchase Agreement (Odyssey Healthcare Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Xxxxxxx Xxxxx or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the a Selling Shareholders Stockholder as such and delivered to the Underwriter Xxxxxxx Xxxxx or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Cohen & Steers Inc), Purchase Agreement (Cohen & Steers Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters in connection with the offering of the Securities shall be deemed a representation and warranty by the Company to the Underwriter Company, as to the matters covered thereby; and any , to each Underwriter. Any certificate signed by or on behalf any officer of the Selling Shareholders as such Manager and delivered to the Underwriter Representative or to counsel for the Underwriter pursuant to Underwriters in connection with the terms offering of this Agreement the Securities shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Manager, as to the matters covered thereby, to each Underwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (AFC Gamma, Inc.), Underwriting Agreement (Chicago Atlantic Real Estate Finance, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters in connection with the offering of the Offered Shares shall be deemed a representation and warranty by the Company to the Underwriter Company, as to the matters covered thereby; and any , to each Underwriter. Any certificate signed by or on behalf any officer of the Selling Shareholders as such Manager and delivered to the Underwriter Representatives or to counsel for the Underwriter pursuant to Underwriters in connection with the terms offering of this Agreement the Offered Shares shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Manager, as to the matters covered thereby, to each Underwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (AFC Gamma, Inc.), Underwriting Agreement (AFC Gamma, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Purchase Agreement (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (Phoenix Companies Inc/De)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the Underwriter Underwriters as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Arcos Dorados Holdings Inc.), Underwriting Agreement (Arcos Dorados Holdings Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Intapp, Inc.), Agreement (Intapp, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate certificates signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Emeritus Corp\wa\), Underwriting Agreement (Emeritus Corp\wa\)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company (and not by such officer in his or her personal capacity) to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative(s) or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder(s) as such and delivered to the Underwriter Representative(s) or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Purchase Agreement (24/7 Media Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company Company, or any authorized representative of the Operating Partnership or any of its subsidiaries their Subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company such entity to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Shareholders to the Underwriter as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the Underwriter Underwriters as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder as such and delivered to the Underwriter Underwriters or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder Stockholders to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: NCR Corp
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries the Manager delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company or the Manager, as applicable, to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the each Underwriter as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the Underwriter Underwriters as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Underwriting Agreement (Gushan Environmental Energy LTD)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the such Selling Shareholders Shareholder as such and delivered to the Underwriter or to counsel for the Underwriter pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Gxxxxxxx Entity and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company such Gxxxxxxx Entity to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer duly authorized representative of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Underwriting Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate duly signed by any authorized officer of the Company or any of its subsidiaries Subsidiaries or Affiliated Entities delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate duly signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Underwriting Agreement (iClick Interactive Asia Group LTD)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Shareholder as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement agreement shall be deemed a representation and warranty by such the Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any an officer of the Company or any of its subsidiaries and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed to be a representation and warranty by the Company to the each Underwriter as to the matters covered therebyset forth therein; and any certificate signed by or on behalf of the a Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed to be a representation and warranty by such Selling Shareholder Stockholder to the each Underwriter as to the matters covered therebyset forth therein.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to this Agreement shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Shareholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Underwriting Agreement (Ncino, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholder as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed to be a representation and warranty by such the Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Hecla Mining Co/De/
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Gxxxxxxx Entity and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company such Gxxxxxxx Entity to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representative or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company or such subsidiary, as applicable, to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered therebyhereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any empowered officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Telvent Git S A
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the any Selling Shareholders Stockholder(s) as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter or to counsel for the Underwriter shall be deemed a representation and warranty by the Company to the Underwriter as to the matters covered thereby; and any certificate signed by or on behalf . At the Closing Date, each of the Selling Shareholders as such representations and delivered to warranties of the Underwriter or to counsel for Company set forth in the Underwriter pursuant to the terms of this Pooling and Servicing Agreement shall will be deemed a representation true and warranty by such Selling Shareholder to the Underwriter as to the matters covered therebycorrect in all material respects.
Appears in 1 contract
Samples: Underwriting Agreement (Commercial Mortgage Acceptance Corp)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Shareholders to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Of Purchase Agreement (Kbw, Inc.)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries Subsidiaries delivered to the Underwriter Representative(s) or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of each of the Selling Shareholders as such and delivered to the Underwriter Representative(s) or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a several representation and warranty by such Selling Shareholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Purchase Agreement (Cobiz Inc)
Officer’s Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries or the Joint Ventures delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters shall be deemed a representation and warranty by the Company to the each Underwriter as to the matters covered thereby; and any certificate signed by or on behalf of the Selling Shareholders Stockholders as such and delivered to the Underwriter Representatives or to counsel for the Underwriter Underwriters pursuant to the terms of this Agreement shall be deemed a representation and warranty by such Selling Shareholder Stockholder to the Underwriter Underwriters as to the matters covered thereby.
Appears in 1 contract
Samples: Purchase Agreement (Utstarcom Inc)
