Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 16 contracts
Samples: Purchase Agreement (Syntax-Brillian Corp), Purchase Agreement (Superior Offshore International Inc.), Purchase Agreement (Superior Offshore International Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Fresh Market, Inc.), Underwriting Agreement (DST Systems Inc), Underwriting Agreement (Active Network Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (MeridianLink, Inc.), Underwriting Agreement (Milacron Holdings Corp.)
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally represents and warrants to to, and agrees with, each Underwriter of the Underwriters and the Company as of the date hereofhereof and the Closing Date, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:set forth below in this Section 2.
Appears in 10 contracts
Samples: Execution Version (Brixmor Property Group Inc.), Execution Version (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of the Closing Date and as of each such Option Closing Date of Delivery(if any), and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (BOSTON OMAHA Corp), Underwriting Agreement (Media General Inc), Underwriting Agreement (Carrols Restaurant Group, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter and the Company as of the date hereof, hereof and as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to the Company and to each Underwriter as of the date hereof, as of the Applicable Time, the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Time (as defined below) and any Date of Delivery, Delivery (as of each such Date of Deliverydefined below), and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.)
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally and not jointly represents and warrants to to, and agrees with, each Underwriter of the Underwriters and the Company as of the date hereofhereof and the Closing Date, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:set forth below in this Section 2.
Appears in 5 contracts
Samples: Equity Underwriting Agreement (Invitation Homes Inc.), Equity Underwriting Agreement (Invitation Homes Inc.), Equity Underwriting Agreement (Invitation Homes Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Restoration Hardware Holdings Inc), Underwriting Agreement (WisdomTree Investments, Inc.), Purchase Agreement (Restoration Hardware Holdings Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, hereof and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, Time and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Colfax CORP), Underwriting Agreement (Colfax CORP), Underwriting Agreement (BDT Capital Partners, LLC)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Rue21, Inc.), Purchase Agreement (Rue21, Inc.), Purchase Agreement (Rue21, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly with any other Selling Stockholder represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, LLC)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Triumph Group Inc), Underwriting Agreement (Triumph Group Inc), Underwriting Agreement (Triumph Group Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally severally, and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, the Closing Time and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Angie's List, Inc.), Underwriting Agreement (Angie's List, Inc.), Underwriting Agreement (Entellus Medical Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Sigmatel Inc), Purchase Agreement (Sigmatel Inc), Salem Communications Corp /De/
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Verisk Analytics, Inc.), Purchase Agreement (Verisk Analytics, Inc.), Purchase Agreement (Invision Technologies Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, hereof and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Opentable Inc), Purchase Agreement (Opentable Inc), Purchase Agreement (Opentable Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Time, Applicable Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time and the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, Time (as of each such Date of Deliverydefined below), and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, hereof and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Turner Paul H), Purchase Agreement (Simons Stephen W)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, and as of each such Option Closing Date of Delivery(if any), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and severally agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Emerald Expositions Events, Inc.), Underwriting Agreement (Emerald Expositions Events, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Time and any Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Xponential Fitness, Inc.), Underwriting Agreement (Xponential Fitness, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Checkfree Holdings Corp \Ga\), Purchase Agreement (Checkfree Holdings Corp \Ga\)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, hereof and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, Time and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Viasat Inc), Purchase Agreement (Utstarcom Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each the Underwriter as of the date hereof, hereof and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Sunstone Hotel Investors, Inc.), Purchase Agreement (Sunstone Hotel Investors, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Erickson Air-Crane Inc), Underwriting Agreement (Erickson Air-Crane Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: International Purchase Agreement (National Oilwell Inc), National Oilwell Inc
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally and not jointly represents and warrants to each Underwriter and the Company as of the date hereof, as of the Applicable Time and the Closing Time, Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally severally, and not jointly, represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, the Closing Time and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (HD Supply Holdings, Inc.), Underwriting Agreement (HD Supply Holdings, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Potbelly Corp), Underwriting Agreement (Byline Bancorp, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and severally agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (GNC Corp), Underwriting Agreement (GNC Corp)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally severally, and not jointly, represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Philadelphia Energy Solutions Inc.), Underwriting Agreement (HD Supply Holdings, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Southeastern Grocers, Inc.), Underwriting Agreement (Purple Innovation, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time and the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, Time (as of each such Date of Deliverydefined below), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Hudson Pacific Properties, Inc.
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the such Selling Stockholder is selling Option Securities Securities, on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Agreement (Intapp, Inc.), Underwriting Agreement (Intapp, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Time and any Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Sunstone Hotel Investors, Inc.), Purchase Agreement (Sunstone Hotel Investors, L.L.C.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each the Underwriter as of the date hereof, the Applicable Time referred to in Section 1(a)(i) hereof and as of the Closing Time, Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Cohen & Steers Inc), Purchase Agreement (Cohen & Steers Inc)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally severally, and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Time and any Date of Delivery, as of each such Date of Delivery, Delivery and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time [and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, ,] and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, Time and as of each such Date of DeliveryDelivery (if any), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each U.S. Underwriter as of the date hereof, as of the Closing Time, and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each U.S. Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such the Closing Date of Delivery, referred to in Section 2(c) hereof and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Energy & Exploration Partners, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter and the Company as of the date hereofhereof with respect to itself, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a the Date of Delivery, as of each such the Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, at the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, Time referred to in Section 2(c) hereof and as of each such Date of DeliveryDelivery (if any) referred to in Section 2(b) hereof, and agrees agree with each Underwriter, as follows:
Appears in 1 contract
Samples: Purchase Agreement (GFI Group Inc.)
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Form of Underwriting Agreement (American Capital Agency Corp)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter to, and agrees with, the several Underwriters as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, hereof and as of each such Closing Date of Delivery, and agrees with each Underwriter, as followsthat:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereofApplicable Time, as of the Closing TimeDate referred to in Section 2(c) hereof, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, and as of each such Option Closing Date of Delivery(if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each the Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each the Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time [and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, ,] and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (E2open Inc)
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally represents and warrants to each Underwriter as of the date hereof, Applicable Time and as of the Closing Time, and, if Date or the Selling Stockholder is selling Option Securities on a Date of DeliveryAdditional Closing Date, as of the case may be, each such Date of Deliveryreferred to in Section 2(c) hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows; provided that any representations and warranties to the Underwriters with respect to the Power of Attorney are only provided by the Selling Stockholders party thereto:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally represents and warrants to each Underwriter as of the date hereofApplicable Time, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Deliveryreferred to in Section 2(c) hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, Applicable Time and as of each such Date of Delivery, the Closing Time and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, hereof and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date time of Delivery, as of each such Date of Deliverypurchase, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter and the Company as of the date hereof, as of the Applicable Time, the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Time (as defined below) and any Date of Delivery, Delivery (as of each such Date of Deliverydefined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Runway Growth Finance Corp.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally severally, and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time and the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Inspire Medical Systems, Inc.)
Representations and Warranties by the Selling Stockholders. Each The Selling Stockholder Stockholders, severally represents and warrants not jointly, represent and warrant to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is Stockholders are selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees agree with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time and the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Time (as defined below) and any Date of Delivery, Delivery (as of each such Date of Deliverydefined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter and the Company as of the date hereof, as of the Applicable Time and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 1 contract
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each UnderwriterUnderwriter and the Company, as follows:
Appears in 1 contract
Samples: Purchase Agreement (Ventas Inc)
Representations and Warranties by the Selling Stockholders. || Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, hereof and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Samples: Purchase Agreement (Titan Corp)
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder severally Stockholders severally, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, and, as of the Closing Time and if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, Delivery (if any) and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, and as of each such Date of Delivery, the Closing Time and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, hereof and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Samples: Purchase Agreement (GameFly Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter and the Company as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each UnderwriterUnderwriter and the Company, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Samples: Underwriting Agreement (89bio, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally severally, and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Samples: Ipg Photonics Corp
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, and as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time and the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally represents and warrants to each Underwriter and the Company as of the date hereof, as of the Applicable Time, the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Time (as defined below) and any Date of Delivery, Delivery (as of each such Date of Deliverydefined below), and agrees with each UnderwriterUnderwriter and the Company, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, as of the Closing Time and, if the Selling Stockholder Shareholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each The Selling Stockholder Stockholders, severally represents and warrants not jointly, represent and warrant to each Underwriter as of the date hereof, as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such the Closing Time and any Date of Delivery, and agrees agree with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally and not jointly represents and warrants to each the Underwriter and the Company as of the date hereof, the Applicable Time and as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each the Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time and as of the Closing Time, Time and, if the such Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Samples: Underwriting Agreement (WisdomTree Investments, Inc.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as the Time of Sale, the Closing Time, Date and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. (A) Each Individual Selling Stockholder Stockholder, severally and not jointly, represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, and as of each such Date of Delivery, and agrees with each Underwriter, the Closing Time as follows:
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Samples: Underwriting Agreement (New Residential Investment Corp.)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Applicable Time, and, as of the Closing Time and if the Selling Stockholder is Stockholders are selling Option Securities on a Date of DeliveryDelivery (as defined below), as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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Samples: Underwriting Agreement (Bowman Consulting Group Ltd.)
Representations and Warranties by the Selling Stockholders. Each of the Selling Stockholder Stockholders severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing TimeTime referred to in Section 2(c) hereof, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, and as of each such Date of DeliveryDelivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each and agrees with the Underwriter as of the date hereofhereof , the Applicable Time, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, and as of each such Option Closing Date of Delivery, and agrees with each Underwriter(if any), as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, Time and, if the Selling Stockholder is selling Option Securities Shares on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Ctpartners Executive Search LLC)
Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally and not jointly represents and warrants to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of Applicable Time and each such Date of Delivery, and agrees with each Underwriter, as follows:
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Representations and Warranties by the Selling Stockholders. Each Selling Stockholder severally represents and warrants (as to itself only) to each Underwriter as of the date hereof, as of the Closing Time, and, if the Selling Stockholder is selling Option Securities on a Date of Delivery, as of each such Date of Delivery, and agrees with each Underwriter, as follows:
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