Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 880 contracts
Samples: Underwriting Agreement (KWESST Micro Systems Inc.), Underwriting Agreement (Immuron LTD), Underwriting Agreement (Intensity Therapeutics, Inc.)
Representations and Warranties of the Company. The Company represents hereby represents, warrants and warrants covenants to the Underwriters as of the Applicable Time (as defined below)each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of the each Option Closing DateDate (as hereinafter defined), if any, as follows:
Appears in 387 contracts
Samples: Underwriting Agreement (Forum Merger IV Corp), Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Mesa Laboratories Inc /Co)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 273 contracts
Samples: Underwriting Agreement (Key Mining Corp.), Underwriting Agreement (Scripps Safe, Inc.), Underwriting Agreement (SeqLL, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Firm Shares Closing Date and as of the each Option Shares Closing Date, Date (if any), as follows:
Appears in 175 contracts
Samples: Underwriting Agreement (Capricor Therapeutics, Inc.), Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Poniard Pharmaceuticals, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time Time, the First Closing Date (as defined below), as of the hereinafter defined) and each Option Closing Date and (as of the Option Closing Datehereinafter defined), if any, as follows:
Appears in 73 contracts
Samples: Underwriting Agreement (Ur-Energy Inc), Underwriting Agreement (Aesthetic Medical International Holdings Group LTD), Underwriting Agreement (Soliton, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 57 contracts
Samples: Underwriting Agreement (Verb Technology Company, Inc.), Underwriting Agreement (Parametric Sound Corp), Underwriting Agreement (Rectitude Holdings Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in this offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 47 contracts
Samples: Underwriting Agreement (Lipella Pharmaceuticals Inc), Underwriting Agreement (Youxin Technology LTD), Underwriting Agreement (Qilian International Holding Group LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 47 contracts
Samples: Underwriting Agreement (Trxade Group, Inc.), Underwriting Agreement (Millennium Group International Holdings LTD), Underwriting Agreement (Skyline Medical Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 34 contracts
Samples: Underwriting Agreement (Golden Sun Education Group LTD), Underwriting Agreement (Fortune Valley Treasures, Inc.), Underwriting Agreement (NetClass Technology Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter, as of the Applicable Time (as defined below)date hereof, as of the Closing Date and as of the each Option Closing Date, Date (if any), as follows:
Appears in 29 contracts
Samples: Underwriting Agreement (Sand Hill It Security Acquisition Corp), Underwriting Agreement (Tri-S Security Corp), Underwriting Agreement (Sand Hill It Security Acquisition Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in the Offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 29 contracts
Samples: Underwriting Agreement (Armlogi Holding Corp.), Underwriting Agreement (ALE Group Holding LTD), Underwriting Agreement (Galaxy Payroll Group LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date and (as of the Option Closing Date, if any, defined below) as follows:
Appears in 27 contracts
Samples: Health Care (Health Care Reit Inc /De/), Underwriting Agreement (Health Care Reit Inc /De/), Health Care (Health Care Reit Inc /De/)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 26 contracts
Samples: Underwriting Agreement (CNS Pharmaceuticals, Inc.), Underwriting Agreement (Advaxis, Inc.), Underwriting Agreement (CNS Pharmaceuticals, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the date hereof, the Applicable Time (as defined below)Time, as of the Closing Date (as hereinafter defined) and any Additional Closing Date (as of the Option Closing Date, if any, as followshereinafter defined) that:
Appears in 26 contracts
Samples: Underwriting Agreement (Ani Pharmaceuticals Inc), Underwriting Agreement (Arcturus Therapeutics Holdings Inc.), Underwriting Agreement (Beasley Broadcast Group Inc)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date (as hereinafter defined) and as of the each Option Closing DateDate (as hereinafter defined), if any, as follows:
Appears in 24 contracts
Samples: Underwriting Agreement (Town Pages Holdings PLC), Underwriting Agreement (Sma Real Time Inc), Warrant Agreement (American Diversified Holdings Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in this Offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 24 contracts
Samples: Underwriting Agreement (Agape ATP Corp), Underwriting Agreement (YanGuFang International Group Co., LTD), Underwriting Agreement (Agape ATP Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 24 contracts
Samples: Underwriting Agreement (Netcapital Inc.), Underwriting Agreement (CBL International LTD), Underwriting Agreement (Cel Sci Corp)
Representations and Warranties of the Company. The Company Company, represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 24 contracts
Samples: Underwriting Agreement (Save Foods Inc.), Underwriting Agreement (Esports Entertainment Group, Inc.), Underwriting Agreement (Save Foods Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in the Offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 23 contracts
Samples: Underwriting Agreement (Global Engine Group Holding LTD), Underwriting Agreement (New Century Logistics (BVI) LTD), Underwriting Agreement (Jin Medical International Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable date hereof, the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any), as followsand agrees with each Underwriter, that:
Appears in 22 contracts
Samples: Underwriting Agreement (ExOne Co), Underwriting Agreement (HomeStreet, Inc.), Underwriting Agreement (Customers Bancorp, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 18 contracts
Samples: Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Transcode Therapeutics, Inc.), Underwriting Agreement (Eleison Pharmaceuticals Inc)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date (hereinafter defined) and as of the Option Closing DateDate (hereinafter defined), if any, as follows:
Appears in 17 contracts
Samples: Underwriting Agreement (B2bstores Com Inc), Underwriting Agreement (Snowdance Inc), Underwriting Agreement (Toymax International Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 17 contracts
Samples: Underwriting Agreement (Lead Real Estate Co., LTD), Underwriting Agreement (Lead Real Estate Co., LTD), Underwriting Agreement (Lead Real Estate Co., LTD)
Representations and Warranties of the Company. The Company represents and warrants to As of the Underwriters date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date (as defined below) the Company represents and as of warrants to, and agrees with, the Option Closing Date, if any, as followsseveral Underwriters that:
Appears in 15 contracts
Samples: Underwriting Agreement (Duke Energy Florida, Llc.), Underwriting Agreement (Duke Energy Progress, Llc.), Underwriting Agreement (Duke Energy Florida, Llc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 14 contracts
Samples: Underwriting Agreement (Pulmatrix, Inc.), Underwriting Agreement (Pulmatrix, Inc.), Underwriting Agreement (Windtree Therapeutics Inc /De/)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if anyas follows (unless otherwise indicated, as follows:all references to the Company in this Section 2 shall refer to the Company, its subsidiaries and its variable interest entities):
Appears in 14 contracts
Samples: Underwriting Agreement (HUI YING FINANCIAL HOLDINGS Corp), Underwriting Agreement (Guardion Health Sciences, Inc.), Underwriting Agreement (Guardion Health Sciences, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter, as of the Applicable Time date hereof and as of each Closing Date (as defined below), as of and agrees with the Closing Date and as of the Option Closing DateUnderwriter, if any, as followsthat:
Appears in 14 contracts
Samples: Underwriting Agreement (Cerus Corp), Underwriting Agreement (Cerus Corp), Underwriting Agreement (Omeros Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 14 contracts
Samples: Underwriting Agreement (Chemomab Therapeutics Ltd.), Underwriting Agreement (Isoray, Inc.), Underwriting Agreement (Conformis Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Leaping Group Co., Ltd.), Underwriting Agreement (Genprex, Inc.), Underwriting Agreement (China SXT Pharmaceuticals, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), Execution Date and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 12 contracts
Samples: Underwriting Agreement (XCel Brands, Inc.), Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Intellipharmaceutics International Inc.)
Representations and Warranties of the Company. The Company represents and warrants to and agrees with each of the Underwriters Underwriters, as of the date hereof, the Applicable Time (as defined below), as of ) and the Closing Date and as of the Option Closing Date, if anyTime referred to in Section 2(b) hereof, as follows:
Appears in 12 contracts
Samples: Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Main Street Capital CORP)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 11 contracts
Samples: Underwriting Agreement (SMX (Security Matters) Public LTD Co), Underwriting Agreement (Oranco Inc), Underwriting Agreement (Maison Solutions Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Firm Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Galena Biopharma, Inc.), Underwriting Agreement (Celsion CORP), Underwriting Agreement (Meta Materials Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Sg Blocks, Inc.), Underwriting Agreement (Second Sight Medical Products Inc), Underwriting Agreement (Evoke Pharma Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Manhattan Bridge Capital, Inc), Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (Gain Therapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby represents and warrants to the several Underwriters as of the Applicable Time date hereof and as of each Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows) that:
Appears in 10 contracts
Samples: Underwriting Agreement (Extended Systems Inc), Underwriting Agreement (Physicians Speciality Corp), Underwriting Agreement (Nastech Pharmaceutical Co Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the each Option Closing Date, if any, as follows:follows (unless otherwise indicated, all references to the Company in this Section 2 shall refer to the Company and its subsidiaries):
Appears in 9 contracts
Samples: Underwriting Agreement (Scopus BioPharma Inc.), Underwriting Agreement (Jerrick Media Holdings, Inc.), Underwriting Agreement (Scopus BioPharma Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as of the Applicable date hereof, the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any), as followsand agrees with each Underwriter, that:
Appears in 9 contracts
Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Synergy CHC Corp.)
Representations and Warranties of the Company. The Company represents and warrants to and agrees with each of the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date and as of the any Option Closing Date, (as defined in Subsection 2 (c) hereof), if any, as follows:
Appears in 9 contracts
Samples: Underwriting Agreement (Western Country Clubs Inc), Karts International Inc, Karts International Inc
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as followsthat:
Appears in 9 contracts
Samples: Underwriting Agreement (Sanofi), Underwriting Agreement (Sanofi), Underwriting Agreement Standard Provisions (Sanofi)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Coya Therapeutics, Inc.), Underwriting Agreement (China Growth Alliance LTD), Underwriting Agreement (China Growth Alliance LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time (as defined below), as of and the Closing Date (as hereinafter defined) and as of the each Option Closing Date, if any, Date (as hereinafter defined) as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Opgen Inc), Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Opgen Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date Date, and as of the Option Closing Date, if any, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (CW Petroleum Corp), Underwriting Agreement (Zhong Yuan Bio-Technology Holdings LTD), Underwriting Agreement (Zhong Yuan Bio-Technology Holdings LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:: .
Appears in 8 contracts
Samples: Underwriting Agreement (Selway Capital Acquisition Corp.), Underwriting Agreement (Selway Capital Acquisition Corp.), Underwriting Agreement (Selway Capital Acquisition Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), and as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Phoenix India Acquisition Corp.), Warrant Agreement (Education Media, Inc.), Underwriting Agreement (India Globalization Capital, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Volitionrx LTD), Underwriting Agreement (PolyPid Ltd.), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Taronis Technologies, Inc.), Underwriting Agreement (Applied Dna Sciences Inc), Underwriting Agreement (Applied Dna Sciences Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the Option each Over-Allotment Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Tantech Holdings LTD), Underwriting Agreement (Farmmi, Inc.), Underwriting Agreement (Farmmi, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), as of the Closing Date and as of the Option Closing Date, if anyagrees with each Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Lument Finance Trust, Inc.), Underwriting Agreement (Kayne Anderson BDC, Inc.), Underwriting Agreement (Nuveen Churchill Direct Lending Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Execution Date and as of the Option Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Cleanspark, Inc.), Underwriting Agreement (Chicken Soup for the Soul Entertainment, Inc.), Underwriting Agreement (Mast Therapeutics, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable date hereof, as of the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any), as followsand agrees with each Underwriter, that:
Appears in 7 contracts
Samples: Underwriting Agreement (Madison Square Capital, Inc.), Underwriting Agreement (Patriot Risk Management, Inc.), Underwriting Agreement (American Mortgage Acceptance Co)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below)date hereof, as of the Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Applied Dna Sciences Inc), Underwriting Agreement (Kaival Brands Innovations Group, Inc.), Underwriting Agreement (Milestone Scientific Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)date hereof, as of the Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Applied Dna Sciences Inc), Underwriting Agreement (Esports Entertainment Group, Inc.), Underwriting Agreement (Esports Entertainment Group, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (PARETEUM Corp), Underwriting Agreement (NanoVibronix, Inc.), Underwriting Agreement (Sigma Labs, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Closing Date Time referred to in Section 2(b) hereof, and as of the Option Closing Date, if anyagrees with each Underwriter, as follows:
Appears in 6 contracts
Samples: Purchase Agreement (Questar Pipeline Co), Purchase Agreement (Questar Market Resources Inc), Purchase Agreement (Questar Gas Co)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date hereof, the Applicable Time (as defined below)Time, as of the Closing Time and any Date and as of the Option Closing Date, if any, as followsDelivery that:
Appears in 6 contracts
Samples: Underwriting Agreement (Hudson Technologies Inc /Ny), Underwriting Agreement (Hudson Technologies Inc /Ny), Underwriting Agreement (Synthetic Biologics, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (InterAmerican Acquisition Group Inc), Underwriting Agreement (InterAmerican Acquisition Group Inc), Underwriting Agreement (InterAmerican Acquisition Group Inc)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the date hereof, the Applicable Time (as defined below)Time, as of the Closing Date (as hereinafter defined) and the Additional Closing Date (as of the Option Closing Date, if any, as followshereinafter defined) that:
Appears in 5 contracts
Samples: Underwriting Agreement (Kindred Biosciences, Inc.), Underwriting Agreement (Kindred Biosciences, Inc.), Underwriting Agreement (rEVO Biologics, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as followsthat:
Appears in 5 contracts
Samples: Underwriting Agreement (Honeywell International Inc), Endurance Specialty Holdings LTD, Wrigley Wm Jr Co
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Polar Power, Inc.), Underwriting Agreement (Zhong Yuan Bio-Technology Holdings LTD), Underwriting Agreement (Kaspien Holdings Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), and as of the Closing Date and as of the each Option Closing Date, if any, as follows:follows (unless otherwise indicated, and all references to the Company in this Section 2 shall refer to the Company and its subsidiaries):
Appears in 5 contracts
Samples: Underwriting Agreement (BriaCell Therapeutics Corp.), Underwriting Agreement (BriaCell Therapeutics Corp.), Underwriting Agreement (BriaCell Therapeutics Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters and agrees with each Underwriter as of the Applicable date hereof, as of the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any, as follows) that:
Appears in 5 contracts
Samples: Underwriting Agreement (Pacific DataVision, Inc.), Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Workhorse Group Inc.), Underwriting Agreement (Celsion CORP), Underwriting Agreement (Agile Therapeutics Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), Representation Date and as of the Closing Date and as of the Option Closing Date, if any, as followsthat:
Appears in 5 contracts
Samples: Underwriting Agreement (Service Corporation International), Underwriting Agreement (Service Corporation International), Underwriting Agreement (Service Corporation International)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Date, or any Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (HeartBeam, Inc.), Underwriting Agreement (HeartBeam, Inc.), Underwriting Agreement (Data443 Risk Mitigation, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:follows (unless otherwise indicated, all references to the Company in this Section 2 shall refer to the Company, its subsidiaries and its variable interest entity through which it conducts its operations in the PRC):
Appears in 5 contracts
Samples: Underwriting Agreement (Addentax Group Corp.), Underwriting Agreement (Addentax Group Corp.), Underwriting Agreement (Addentax Group Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date Date, and as of the each Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Grom Social Enterprises, Inc.), Underwriting Agreement (Tenon Medical, Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the First Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Genelux Corp), Underwriting Agreement (SU Group Holdings LTD), Underwriting Agreement (SU Group Holdings LTD)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, the Underwriters Underwriter as of the Applicable Time (as defined below)date hereof, and as of the Closing Date (hereinafter defined) and as of the Option Closing DateDate (hereinafter defined), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Dynamic International LTD), Underwriting Agreement (Dynamic International LTD), Omnicorder Technologies Inc
Representations and Warranties of the Company. The Company represents and warrants to As of the Underwriters date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date (as defined below), the Company represents and as of warrants to, and agrees with, the Option Closing Date, if any, as followsseveral Underwriters that:
Appears in 4 contracts
Samples: Duke Energy Ohio (Duke Energy Ohio, Inc.), Underwriting Agreement (Duke Energy Indiana, LLC), Underwriting Agreement (Duke Energy Ohio, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as of the date hereof, the Applicable Time and the Closing Time (as defined below), as ) and agrees with each of the Closing Date and as of the Option Closing Date, if any, Underwriters as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Colfax CORP), Underwriting Agreement (BDT Capital Partners, LLC), Underwriting Agreement (Colfax CORP)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as follows with the understanding that the same may be relied upon by the Underwriter in this offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Happiness Biotech Group LTD), Underwriting Agreement (Magic Empire Global LTD), Underwriting Agreement (Chanson International Holding)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters several Underwriters, as of the Applicable Time (as defined below), as of the Closing Date and as of the any Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Underwriting Agreement (BioLineRx Ltd.), Underwriting Agreement (BioLineRx Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Societal CDMO, Inc.), Underwriting Agreement (EnteroMedics Inc), S&W Seed Co
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (PetroShare Corp.), Underwriting Agreement (PetroShare Corp.), Underwriting Agreement (PetroShare Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Arena Pharmaceuticals Inc), Underwriting Agreement (Galena Biopharma, Inc.), Underwriting Agreement (VistaGen Therapeutics, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Effective Time, as of the Closing Date and as of and, if applicable, the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to As of the Underwriters date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date the Company represents and as of warrants to, and agrees with, the Option Closing Date, if any, as followsseveral Underwriters that:
Appears in 4 contracts
Samples: Underwriting Agreement (Duke Energy Ohio, Inc.), Underwriting Agreement (Duke Energy Ohio, Inc.), Underwriting Agreement (Duke Energy Indiana, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date Date, and as of the Option Closing Date, if anyrespectively, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (HiTek Global Inc.), Underwriting Agreement (SSLJ. COM LTD), Underwriting Agreement (SSLJ. COM LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the each Option Closing Date, if any, as followsfollows (unless otherwise indicated, all references to the Company in this Section 2 shall refer to the Company and its subsidiaries:
Appears in 4 contracts
Samples: Underwriting Agreement (Electrameccanica Vehicles Corp.), Underwriting Agreement (Electrameccanica Vehicles Corp.), Underwriting Agreement (Electrameccanica Vehicles Corp.)
Representations and Warranties of the Company. The Company hereby represents and warrants to the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date and as of the Option Closing Date, if any, except as set out in the Registration Statement as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Flora Growth Corp.), Underwriting Agreement (Akerna Corp.), Underwriting Agreement (Akerna Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time Time, the First Closing Date (as defined below), as of the Closing Date hereinafter defined) and as of the Option Closing DateDate (as hereinafter defined), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)date hereof, as of the Closing Date Time of Sale (as defined in the Price Determination Agreement) and as of the Option Closing Date, and, if anyapplicable, as followsof each Delivery Date, and covenants with the Underwriters, that:
Appears in 4 contracts
Samples: Underwriting Agreement (Qwest Corp), Underwriting Agreement (Qwest Corp), Underwriting Agreement (Qwest Corp)
Representations and Warranties of the Company. The Company hereby represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable date hereof, the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing DateTime (if applicable), if anyand agrees with each Underwriter, as followsthat:
Appears in 3 contracts
Samples: Underwriting Agreement (Goldleaf Financial Solutions Inc.), Underwriting Agreement (Goldleaf Financial Solutions Inc.), Underwriting Agreement (Cadence Financial Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)each Underwriter, as of the Closing Date date hereof and as of the Option Closing Date, if any, as followsthat:
Appears in 3 contracts
Samples: Underwriting Agreement (Allegheny Technologies Inc), Underwriting Agreement (Ati Inc), Allegheny Technologies Inc
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), date hereof and as of the Firm Securities Closing Date and as of the each Option Securities Closing Date, Date (if any, ) as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Ensysce Biosciences, Inc.), Underwriting Agreement (Ensysce Biosciences, Inc.), Underwriting Agreement (Ensysce Biosciences, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Majestic Ideal Holdings LTD), Underwriting Agreement (Intelligent Group LTD), Underwriting Agreement (Intelligent Group LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter that, as of the Applicable Time (as defined below), hereinafter defined) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Microvision Inc), Underwriting Agreement (Medicinova Inc), Underwriting Agreement (Microvision Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the each Option Closing Date, if any, Date as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Workhorse Group Inc.), Underwriting Agreement (RumbleON, Inc.), Underwriting Agreement (Myomo Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time Time, the First Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Veru Inc.), Underwriting Agreement (Veru Inc.), Underwriting Agreement (Veru Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriters, the Forward Seller and the Forward Counterparty, as of the Applicable Time (as defined below)date hereof, as of the Closing Date Time and as of the Option Closing Date, if any, as followsany Date of Delivery that:
Appears in 3 contracts
Samples: Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (American Equity Investment Life Holding Co)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), Underwriter as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Jerash Holdings (US), Inc.), Underwriting Agreement (Jerash Holdings (US), Inc.), Underwriting Agreement (Jerash Holdings (US), Inc.)
Representations and Warranties of the Company. The Company represents represents, warrants and warrants covenants to the Underwriters several Underwriters, as of the Applicable Time (as defined below), as of the Closing Date and as of the any Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Belite Bio, Inc), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Lock Up Agreement (BiondVax Pharmaceuticals Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Time, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Photomedex Inc), Underwriting Agreement (Photomedex Inc), Underwriting Agreement (Photomedex Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and Time, or as of the Option Closing Date, if anysuch other time as specified below, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (General Agriculture Corp), Underwriting Agreement (General Agriculture Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the date hereof, as of the Applicable Time (as defined belowhereinafter defined), as of the Closing Date and as of the any Option Closing Date, if anyas the case may be, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (D. Medical Industries Ltd.), Underwriting Agreement (D. Medical Industries Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Time, as of the Closing Date and as of the Option Closing Date, if any, as follows:follows (for purposes of these representations and warranties, the term “Company” shall mean the Company together with its subsidiaries where appropriate):
Appears in 2 contracts
Samples: Underwriting Agreement (WhiteSmoke, Inc.), Underwriting Agreement (WhiteSmoke, Inc.)
Representations and Warranties of the Company. The Company represents represents, warrants and warrants covenants to the Representative and the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Yulong Eco-Materials LTD), Underwriting Agreement (Yulong Eco-Materials LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below)Effective Date, as of the Closing Date and as of the Option Closing Date, if any, (except that in case of any representation or warranty relating to a Preliminary Prospectus, as of the filing date of such Preliminary Prospectus) as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Novelos Therapeutics, Inc.), Underwriting Agreement (Novelos Therapeutics, Inc.)
