Common use of SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT Clause in Contracts

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Centogene B.V.)

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SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Securities from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Rada Electronic Industries LTD)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several UnderwritersUnderwriter, the Company, Centogene Company and the Selling Shareholders and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Shareholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters Underwriter shall be for the benefit of the Company Indemnified Parties. It is understood that each the Underwriter’s responsibility to the Company and Centogene the Selling Shareholders is solely contractual in nature and the Underwriters do Underwriter does not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any the Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Neonode, Inc)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and the Selling Stockholders and their respective successors and assignssuccessors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, person other than the persons mentioned in the preceding sentence, sentence any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Stockholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall also be for the benefit of the Company Indemnified Parties and the Selling Stockholder Parties. It is understood that each the Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Internap Network Services Corp)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Shares and the Warrants from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (BioLight Life Sciences Ltd.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene and the Selling Shareholder and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Shareholder contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene the Selling Shareholder is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Shares from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Gilat Satellite Networks LTD)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several UnderwritersUnderwriter, the Company, Centogene and their respective successors and assigns. This Agreement shall also inure to the benefit of Lazard Frères & Co. LLC and its successors and assigns, which shall be third party beneficiaries hereof. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentencesentences, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, Parties and the indemnities of the several Underwriters Underwriter shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Broadwind Energy, Inc.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Partiesany party entitled to indemnity pursuant to Section 7(a), and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Partiesparties entitled to indemnity pursuant to Section 7(b). It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Securities from any Underwriter the Underwriters shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Tilray Brands, Inc.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and the Selling Shareholders and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Shareholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties [the Designated Underwriter Indemnified Parties, ] and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene the Selling Shareholder is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Global Defense Technology & Systems, Inc.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene the Material Subsidiaries, the Selling Shareholders and their respective successors and assignssuccessors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, person other than the persons mentioned in the preceding sentence, sentence any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Material Subsidiaries and the Selling Shareholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall also be for the benefit of the Company Indemnified Parties and the Selling Shareholders Indemnified Parties. It is understood that each the Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Encore Medical Corp)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene the Selling Shareholders and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentencesentences, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Stockholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, Parties and the indemnities of the several Underwriters shall be for the benefit of the Company Seller Indemnified Parties. It is understood that each Underwriter’s the Underwriters’ responsibility to the Company and Centogene the Selling Stockholders is solely contractual in nature and the Underwriters do not owe the CompanyCompany or the Selling Stockholders, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Shares from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Transcend Services Inc)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene the Selling Shareholders and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Shareholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene the Selling Shareholders is solely contractual in nature and the Underwriters do not owe the Company, Centogene the Selling Shareholders or any other party any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Offered Shares from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Centogene N.V.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene the Company Subsidiary and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Company Subsidiary contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, the Designated Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Artes Medical Inc)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and the Selling Shareholders and their respective successors and assignssuccessors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, person other than the persons mentioned in the preceding sentence, sentence any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Shareholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall also be for the benefit of the Company Indemnified Parties and the Selling Shareholder Indemnified Parties. It is understood that each the Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Provide Commerce Inc)

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SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene and the Selling Shareholders and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Shareholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene the Selling Shareholders is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock ADSs from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (China Xiniya Fashion LTD)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Units from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Real Goods Solar, Inc.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties and the Designated Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Kempharm, Inc)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and the Selling Shareholders and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Shareholders contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene the Selling Shareholders is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter the Underwriters shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Neonode, Inc)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene the Selling Stockholder and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentencesentences, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene the Selling Stockholder contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, Parties and the indemnities of the several Underwriters shall also be for the benefit of the Company Seller Indemnified Parties. It is understood that each Underwriter’s the Underwriters’ responsibility to the Company and Centogene the Selling Stockholder is solely contractual in nature and the Underwriters do not owe the CompanyCompany or the Selling Stockholder, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Shares from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Regulus Therapeutics Inc.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several UnderwritersUnderwriter and the Independent Underwriter, the Company, Centogene and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties and the Independent Underwriter Indemnified Parties, as applicable, and the indemnities indemnity of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each the Underwriter’s and the Independent Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do such Underwriter does not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (B. Riley Financial, Inc.)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene Company, contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Units from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (BIND Therapeutics, Inc)

SUCCESSORS; PERSONS ENTITLED TO BENEFIT OF AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, Centogene Company and their respective successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the persons mentioned in the preceding sentence, any legal or equitable right, remedy or claim under or in respect of this Agreement, Agreement or any provisions herein contained, this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of such persons and for the benefit of no other person; except that the representations, warranties, covenants, agreements and indemnities of the Company and Centogene contained in this Agreement shall also be for the benefit of the Underwriter Indemnified Parties, and the indemnities of the several Underwriters shall be for the benefit of the Company Indemnified Parties. It is understood that each Underwriter’s responsibility to the Company and Centogene is solely contractual in nature and the Underwriters do not owe the Company, Centogene or any other party party, any fiduciary duty as a result of this Agreement. No purchaser of any of the Stock Offered Securities from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Novan, Inc.)

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