Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 20 contracts
Samples: Underwriting Agreement (DP Cap Acquisition Corp I), Underwriting Agreement (Novus Capital Corp II), Underwriting Agreement (Seven Oaks Acquisition Corp.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.
Appears in 18 contracts
Samples: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (American Apparel, Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates affiliates, officers and directors of each party Underwriter referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Notes from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 16 contracts
Samples: Underwriting Agreement (British American Tobacco p.l.c.), Underwriting Agreement (British American Tobacco p.l.c.), Underwriting Agreement (B.A.T. International Finance p.l.c.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 16 contracts
Samples: Underwriting Agreement (Rite Aid Corp), Underwriting Agreement (Rite Aid Corp), Underwriting Agreement (Trinity Industries Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to hereinhereto, and to the affiliates benefit of each party the indemnified parties referred to in Section 7 hereof, and in each case their respective successors. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 15 contracts
Samples: Netflix Inc, Netflix Inc, Netflix Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 11 contracts
Samples: Underwriting Agreement (Palatin Technologies Inc), Underwriting Agreement (Carlyle Group L.P.), Underwriting Agreement (Carlyle Group L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the affiliates, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 11 contracts
Samples: Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Vital Energy, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party Indemnified Persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 10 contracts
Samples: Underwriting Agreement (Prudential Financial Inc), Underwriting Agreement (Prudential Financial Inc), Underwriting Agreement (Prudential Financial Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.
Appears in 10 contracts
Samples: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Chisen Electric Corp), Underwriting Agreement (Clean Diesel Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Offered Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 9 contracts
Samples: Underwriting Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Restaurant Brands International Limited Partnership), Letter Agreement (SodaStream International Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Securities.
Appears in 9 contracts
Samples: Placement Agency Agreement (Sophiris Bio Inc.), Placement Agency Agreement (Acura Pharmaceuticals, Inc), Placement Agency Agreement (Ocean Power Technologies, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy remedy, benefit or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.
Appears in 9 contracts
Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (Medical Properties Trust Inc), Underwriting Agreement (Medical Properties Trust Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Agent.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Castor Maritime Inc.), Equity Distribution Agreement (SAI.TECH Global Corp), Equity Distribution Agreement (Top Ships Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers officers, trustees and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Chesapeake Lodging Trust), Underwriting Agreement (Chesapeake Lodging Trust), Underwriting Agreement (Chesapeake Lodging Trust)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the affiliates, employees, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Common Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Sterling Construction Co Inc), Underwriting Agreement (Eagle Bancorp Montana, Inc.), Underwriting Agreement (Pacific Continental Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the successors, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy remedy, benefit or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.), MPT Operating Partnership, L.P.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors directors, affiliates and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.
Appears in 6 contracts
Samples: Underwriting Agreement (Golden Minerals Co), Underwriting Agreement (Torchlight Energy Resources Inc), Underwriting Agreement (Profire Energy Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 10 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter Shares shall be deemed to be a successor merely by reason of such purchase.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Ampio Pharmaceuticals, Inc.), Equity Distribution Agreement (T2 Biosystems, Inc.), Equity Distribution Agreement (Palatin Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereofsuccessors. Nothing in this Agreement is intended or shall be construed to give any other person person, other than the affiliates, officers, directors and controlling persons referred to in Section 6 hereof and their respective heirs and legal representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Notes from any Underwriter the Placement Agent shall be deemed to be a successor merely by reason of such purchase.
Appears in 6 contracts
Samples: Placement Agreement (Arbor Realty Trust Inc), Placement Agreement (Arbor Realty Trust Inc), Placement Agreement (Arbor Realty Trust Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Agent.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Top Ships Inc.), Distribution Agreement (Diana Shipping Inc.), Equity Distribution Agreement (Castor Maritime Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Offered ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Amarin Corp Plc\uk), Underwriting Agreement (Amarin Corp Plc\uk), 7 Days Group Holdings LTD
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates affiliates, officers and directors of each party Underwriter referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Eldorado Resorts, Inc.), Underwriting Agreement (EQT Corp), Underwriting Agreement (EQT Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 5 contracts
Samples: Letter Agreement (Kansas City Southern), Underwriting Agreement (Baxalta Inc), Magellan Health Services Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Pixelplus Co., Ltd.), Underwriting Agreement (Watchdata Technologies Ltd.), Underwriting Agreement (Watchdata Technologies Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors officers, directors, partners, selling agents and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 4 contracts
Samples: Synovus Financial Corp, Southern National Bancorp of Virginia Inc, Synovus Financial Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors directors, affiliates and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 4 contracts
Samples: Planet Fitness, Inc., Planet Fitness, Inc., Planet Fitness, Inc.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and and, in the officers and directors and any controlling persons referred to hereincase of Section 7, and the affiliates of each party referred to in Section 7 hereofIndemnified Person. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing Except as expressly provided in the Subscription Agreements, nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.
Appears in 4 contracts
Samples: Guided Therapeutics Inc, Guided Therapeutics Inc, Guided Therapeutics Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Units.
Appears in 4 contracts
Samples: Placement Agency Agreement (Uni-Pixel), Placement Agency Agreement (Real Goods Solar, Inc.), Placement Agency Agreement (Real Goods Solar, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Resonant Inc), Underwriting Agreement (Imprimis Pharmaceuticals, Inc.), Underwriting Agreement (Top Image Systems LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (United Breweries Co Inc), Underwriting Agreement (Webzen Inc), Underwriting Agreement (Webzen Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Notes from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 4 contracts
Samples: Fidelity National Financial, Inc., Fidelity National Financial, Inc., M I Homes Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof6(a). Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Agent.
Appears in 4 contracts
Samples: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates affiliates, officers and directors of each party Underwriter referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Notes from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Copano Energy, L.L.C.), Underwriting Agreement (Omnicare Inc), Omnicare Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the assigns and their controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Offered Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.
Appears in 3 contracts
Samples: HighPeak Energy, Inc., HighPeak Energy, Inc., HighPeak Energy, Inc.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.
Appears in 3 contracts
Samples: Placement Agent Agreement (Tonix Pharmaceuticals Holding Corp.), Placement Agent Agreement (Mines Management Inc), Atossa Genetics Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Offered Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (SodaStream International Ltd.), Underwriting Agreement (Objet LTD), Underwriting Agreement (Stratasys Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling control persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter Shares shall be deemed to be a successor merely by reason of such purchasepurchase in the Offering.
Appears in 3 contracts
Samples: Sales Agency Agreement (Village Bank & Trust Financial Corp.), Sales Agency Agreement (Village Bank & Trust Financial Corp.), Trinity Capital Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Underwritten Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 3 contracts
Samples: Synovus Financial Corp, Regency Centers Corp, Synovus Financial Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Cencosud S.A.), Underwriting Agreement (Cementos Pacasmayo Saa), Grupo Aval Acciones Y Valores S.A.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Underwritten Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 3 contracts
Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 10 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 3 contracts
Samples: Up Agreement (Sutherland Asset Management Corp), Zoetis Inc., WHITEWAVE FOODS Co
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (TTM Technologies Inc), TTM Technologies Inc, TTM Technologies Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter the Underwriters shall be deemed to be a successor merely by reason of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Cannae Holdings, Inc.), Underwriting Agreement (Cannae Holdings, Inc.), Ramco Gershenson Properties Trust
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Lucid Inc), Underwriting Agreement (Lucid Inc), Underwriting Agreement (Lucid Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.
Appears in 3 contracts
Samples: Placement Agency Agreement (Perma Fix Environmental Services Inc), Placement Agency Agreement (Uranium Resources Inc /De/), Placement Agency Agreement (Ocean Power Technologies, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Placement Shares from any Underwriter Cowen shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Merrimack Pharmaceuticals Inc, Merrimack Pharmaceuticals Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors officers, directors, affiliates, employees, partners, agents and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: FNB Corp/Pa/, FNB Corp/Pa/
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Administration Agreement (Owl Rock Capital Corp II), Verigy Ltd.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy remedy, benefit or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Solta Medical Inc), Underwriting Agreement (KIT Digital, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Notes from any Underwriter Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Registration Rights Agreement (Sixth Street Lending Partners), TPG Specialty Lending, Inc.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any Purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.
Appears in 2 contracts
Samples: Placement Agent Agreement (Digital Cinema Destinations Corp.), Catalyst Pharmaceutical Partners, Inc.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (AF Acquisition Corp.), AF Acquisition Corp.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors successors, agents, affiliates and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (SiriusPoint LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof9. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (SkyPeople Fruit Juice, Inc), Underwriting Agreement (NeoStem, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Offered ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Acquity Group LTD), Mesoblast LTD
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the sole benefit of and be binding upon the parties hereto and their respective successors and the officers affiliates, officers, trustees and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereofLender. Nothing in this Agreement is intended or shall be construed to give any person, other person than the persons referred to in this Section 8.12, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Agreement (Morgan Stanley), Agreement (Viatel Holding Bermuda LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers officers, members and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Exco Resources Inc, Exco Resources Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and, with respect to Section 7, the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Pixelworks, Inc), Underwriting Agreement (Pixelworks, Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Palatin Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 Article VII hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy remedy, benefit or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing Except for the rights of the Indemnified Persons, nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Central European Distribution Corp, Central European Distribution Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors officers, directors, partners, selling agents and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Underwritten Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Synovus Financial (Synovus Financial Corp), Synovus Financial Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party Placement Agent referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter the Company shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Placement Agency Agreement (BiomX Inc.), Agency Agreement (Lexicon Pharmaceuticals, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (ACM Research, Inc.), Underwriting Agreement (ACM Research, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the ---------------------------------------- benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.
Appears in 2 contracts
Samples: Purchase Agreement (Mgi Pharma Inc), Purchase Agreement (Mgi Pharma Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (CSG Systems International Inc), Marcus Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons Persons referred to herein, and the affiliates affiliates, officers and directors of each party referred to in Section 7 hereofthe Purchaser. Nothing in this Agreement is intended or shall be construed to give any other person Person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter the Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Registration Rights Agreement (GeoEye, Inc.), Registration Rights Agreement (GeoEye, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Stock from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Silvergate Capital Corp), Underwriting Agreement (Silvergate Capital Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates affiliates, officers and directors of each party Underwriter referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Copano Energy, L.L.C.), Underwriting Agreement (Copano Energy, L.L.C.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors directors, affiliates and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Planet Fitness, Inc., ECPM Holdings, LLC
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and, with respect to Section 7, the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Pixelworks, Inc), Underwriting Agreement (Pixelworks, Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and and, in the officers and directors and any controlling persons referred to herein, and the affiliates case of each party referred to in Section 7 hereof, each Indemnified Person. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Fortune Brands Home & Security, Inc.), Fortune Brands Home & Security, Inc.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasePlacement Agent.
Appears in 2 contracts
Samples: Placement Agent Agreement (DelMar Pharmaceuticals, Inc.), Placement Agent Agreement (Ohr Pharmaceutical Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter the Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Ctrip Com International LTD), Purchase Agreement (Ctrip Com International LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party Placement Agent referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Placement Agency Agreement (Presto Automation Inc.), Sangamo Therapeutics, Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Common Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Sterling Construction Co Inc), Sterling Construction Co Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof9. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Digital Ally Inc), Opgen Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the affiliates, employees, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Axalta Coating Systems Ltd.), Axalta Coating Systems Ltd.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.
Appears in 2 contracts
Samples: Alteon Inc /De, Alteon Inc /De
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasean Underwriter.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Offered ADSs from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.
Appears in 1 contract
Samples: Placement Agency Agreement (China Ritar Power Corp.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Units any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the affiliates, officers and directors directors, and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser or distributee of Units Shares from any Underwriter Fund shall be deemed to be a successor merely by reason of such purchasepurchase or distribution.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Underwritten Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 1 contract
Samples: Owl Rock Capital Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party Indemnified Persons referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 1 contract
Samples: Brown Tom Inc /De
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter the Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 1 contract
Samples: Agreement (Apollo Commercial Real Estate Finance, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 0 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers officers, directors, employees, affiliates, agents and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 10 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein or therein. No purchaser of Units Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasetransfer.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Units from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriters.
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Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Depositary Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
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Samples: Comerica Inc /New/
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Firm Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.
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Samples: Underwriting Agreement (Foundation Healthcare, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Units Debt Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 1 contract
Samples: PERRIGO Co PLC