Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 80 contracts
Samples: Purchase Agreement (Ares Capital Corp), Underwriting Agreement (GNC Corp), Purchase Agreement (Opentable Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 47 contracts
Samples: Underwriting Agreement (Iconix Brand Group, Inc.), Underwriting Agreement (Funtalk China Holdings LTD), Underwriting Agreement (Team Health Holdings LLC)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 44 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Realty Income Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 42 contracts
Samples: Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc)
Representations and Warranties by the Company. The Company represents and warrants to each U.S. Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each U.S. Underwriter, as follows:
Appears in 38 contracts
Samples: Purchase Agreement (Mih LTD), Purchase Agreement (99 Cents Only Store), Purchase Agreement (Rayovac Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 33 contracts
Samples: Purchase Agreement (France Telecom /), Underwriting Agreement (Invesco Ltd.), Purchase Agreement (Jefferies Group Inc /De/)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 29 contracts
Samples: Vertex Pharmaceuticals Incorporated (Vertex Pharmaceuticals Inc / Ma), Purchase Agreement (Interstate Power & Light Co), Underwriting Agreement (Interstate Power & Light Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 23 contracts
Samples: Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Purchase Agreement (Smith International Inc)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 20 contracts
Samples: Underwriting Agreement (Cobiz Financial Inc), Underwriting Agreement (Sterling Bancorp, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 20 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Purchase Agreement (Gsi Commerce Inc), Underwriting Agreement (Arena Resources Inc)
Representations and Warranties by the Company. The Company represents Company, the Adviser and warrants the Administrator, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 18 contracts
Samples: Purchase Agreement (Horizon Technology Finance Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 15 contracts
Samples: Security Agreement (Rehabcare Group Inc), Purchase Agreement (Steel Dynamics Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as the Time of the Applicable Time Sale referred to in Section 1(a)(i) hereof), and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 14 contracts
Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each U.S. Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof), hereof and agrees with each U.S. Underwriter, as follows:
Appears in 13 contracts
Samples: Purchase Agreement (Integrated Electrical Services Inc), Purchase Agreement (Internet Capital Group Inc), Purchase Agreement (Comdisco Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 12 contracts
Samples: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereofhereof (in each case, and as of each Date of Delivery (if any) referred to in Section 2(b) hereofa “Representation Date”), and agrees with each Underwriter, as follows:
Appears in 11 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof), hereof and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Information Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery Option Closing Time (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Purchase Agreement (Syntax-Brillian Corp), Underwriting Agreement (American Capital Mortgage Investment Corp.), Purchase Agreement (Harmonic Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of and, if any Option Securities are purchased, at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Finwise Bancorp), Underwriting Agreement (Merchants Bancorp), Underwriting Agreement (FriendFinder Networks Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (Symmetry Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c1(a)(ii) hereof, and as of each Date of Delivery (if any) the Closing Time referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Republic Airways Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, as of at the Applicable Time referred to (as defined in Section 1(a)(i) hereof), as of at the Closing Time referred to in Section 2(c) hereof, and as of at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (Republic First Bancorp Inc), Underwriting Agreement (Metro Bancorp, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Nobao Renewable Energy Holdings LTD), Underwriting Agreement (Le Gaga Holdings LTD), Underwriting Agreement (Nobao Renewable Energy Holdings LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Aether Systems LLC), Purchase Agreement (Caribou Coffee Company, Inc.), Purchase Agreement (Careinsite Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter that, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to and agrees with each Underwriter of the Underwriters, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof(defined below), as of the Closing Time referred to in Section 2(c3(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b3(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(isubsection (i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:this
Appears in 5 contracts
Samples: Navitas International CORP, Navitas International CORP, Navitas International CORP
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(1) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each any Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees agree with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Equity One, Inc.), Purchase Agreement (Allos Therapeutics Inc)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter that as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to defined in Section 1(a)(i1(a)(1) hereof, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(iI(A)(1) hereof, as of the Closing Time referred to in Section 2(cII(C) hereof, and as of each Date of Delivery (if any) referred to in Section 2(bII(B) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to (as defined in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof), and agrees with each Underwriter, Underwriter as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (RCN Corp /De/), Underwriting Agreement (RCN Corp /De/), Underwriting Agreement (Cccisg Capital Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and the Sub-underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and the Sub-underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Angiotech Pharmaceuticals Inc), Purchase Agreement (Aspreva Pharmaceuticals CORP), Purchase Agreement (Gerdau Ameristeel Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Guild Holdings Co), Underwriting Agreement (Biocryst Pharmaceuticals Inc), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i)) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and (as of each Date of Delivery (if any) referred to defined in Section 2(b) hereof)), and agrees with each Underwriter, Underwriter as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees agree with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Whiting Petroleum Corp), Underwriting Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Trust)
Representations and Warranties by the Company. The Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(v) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date Time of Delivery (if any) referred to in Section 2(b2(d) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Ctrip Com International LTD), Underwriting Agreement (Ctrip Com International LTD), Underwriting Agreement (China Techfaith Wireless Communication Technology LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iv) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Agency Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc), Alliant Energy Corp
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof(as defined below), as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (River Valley Bancorp), River Valley Bancorp (River Valley Bancorp), Underwriting Agreement (River Valley Bancorp)
Representations and Warranties by the Company. The Company hereby represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Tyson Foods, Inc.), Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Tyson Foods Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, except for any representations and warranties that speak as of a specific date, in which case only as of such date, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (SeaSpine Holdings Corp), Underwriting Agreement (SeaSpine Holdings Corp), SeaSpine Holdings Corp
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and the Selling Shareholder as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and the Selling Shareholder, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Phoenix Companies Inc/De), Purchase Agreement (Hilb Rogal & Hamilton Co /Va/), Regeneron Pharmaceuticals Inc
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and if any Option Securities are purchased, as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Rehabcare Group Inc), Purchase Agreement (Cross Country Inc), Cross Country Inc
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each the Date of Delivery (Delivery, if any) , referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Hawaiian Electric Co Inc), Hawaiian Electric Industries Inc, Hawaiian Electric Industries Inc
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Paetec Corp), Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.)
Representations and Warranties by the Company. The Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Management Agreement (Starwood Property Trust, Inc.), August (Starwood Property Trust, Inc.), Underwriting Agreement (Bona Film Group LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each any Date of Delivery (if any) referred to in Section 2(b) hereofas defined below), and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc)
Representations and Warranties by the Company. The Company hereby represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Initial Sale Time referred to in Section 1(a)(i) hereof(as defined below), as of the Closing Time Date referred to in Section 2(c3(c) hereof, hereof and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b3(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of and, if any Option Securities are purchased, at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(b)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Spectra Energy Corp.), Purchase Agreement (Spectra Energy Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Symmetry Holdings Inc), Underwriting Agreement (Symmetry Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i1(a)(ii) hereof, ) and as of the Closing Time referred to (as defined in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, of the Underwriters as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Representations and Warranties by the Company. The Company represents and warrants with respect to all subsections under this Section 1(a) to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Navios Maritime Acquisition CORP), Underwriting Agreement (Navios Maritime Acquisition CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Pointe Financial Corp), U S Laboratories Inc
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to and agrees with each Underwriter Underwriter, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Firsthand Technology Value Fund, Inc.), Purchase Agreement (Firsthand Technology Value Fund, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Oncogenex Technologies Inc), Purchase Agreement (Openwave Systems Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter (to the extent one or more covenants are included in a subsection of this Section 1 below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and and, if any Option Securities are purchased, as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Pepco Holdings Inc), Pepco Holdings Inc
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Odyssey Healthcare Inc), Jato Communications Corp
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and any broker-dealer affiliates acting on their behalf as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and any broker-dealer affiliate thereof, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (North American Palladium LTD), Underwriting Agreement (North American Palladium LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Idenix Pharmaceuticals Inc), Purchase Agreement (Idenix Pharmaceuticals Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, hereof (with such representations and warranties being made as of the Applicable Time referred to in Section 1(a)(i) date hereof), as of the Closing Time referred to in Section 2(c) hereofhereof (with such representations and warranties being made as of the Closing Time), and as of each Date of Delivery (if any) referred to in Section 2(b) hereofhereof (with such representations and warranties being made as of each such Date of Delivery), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Pantry Inc), Purchase Agreement (Pantry Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and each Sub-underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and each Sub-underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Labopharm Inc), Purchase Agreement (Labopharm Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and (as of each Date of Delivery (if any) referred to in Section 2(b) hereofdefined below), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Biomarin Pharmaceutical Inc), Purchase Agreement (Biomarin Pharmaceutical Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Ceradyne Inc), Purchase Agreement (Ceradyne Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, Underwriter as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Southwest Water Co), Underwriting Agreement (Southwest Water Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i1(a)(ii) hereof), as of the Closing Time referred to (as defined in Section 2(c) hereof, ) and as of each any Date of Delivery (if any) referred to as defined in Section 2(b) hereof, and agrees with each Underwriter, ) as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, and to each Underwriter named in the applicable Terms Agreement as of the Applicable Time referred to in Section 1(a)(i) hereofdate thereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Terms Agreement (American Axle & Manufacturing Holdings Inc), Underwriting Agreement (American Axle & Manufacturing Holdings Inc)
Representations and Warranties by the Company. (1) The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Clearwire Corp), Purchase Agreement (Clearwire Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c2(d) hereof, and if applicable, as of each Date of Delivery (if any) referred to as defined in Section 2(b2(c) hereofbelow), (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and each Selling Shareholder as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c3(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each UnderwriterUnderwriter and each Selling Shareholder, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Bitauto Holdings LTD), Underwriting Agreement (Qihoo 360 Technology Co LTD)
