Common use of SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC Clause in Contracts

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 122 contracts

Samples: Underwriting Agreement (Aradigm Corp), Underwriting Agreement (Adamas Pharmaceuticals Inc), Underwriting Agreement (Inotek Pharmaceuticals Corp)

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SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 23 contracts

Samples: Underwriting Agreement (Cryo Cell International Inc), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Underwriting Agreement (Ladenburg Thalmann Financial Services Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 18 contracts

Samples: Underwriting Agreement (Inotek Pharmaceuticals Corp), Underwriting Agreement (Mast Therapeutics, Inc.), Underwriting Agreement (Inotek Pharmaceuticals Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 18 contracts

Samples: Underwriting Agreement (NGAS Resources Inc), Underwriting Agreement (Novavax Inc), Equity Underwriting Agreement (Sarepta Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 15 contracts

Samples: Placement Agent Agreement (Altair Nanotechnologies Inc), Subscription Agreement (Critical Therapeutics Inc), Placement Agent Agreement (Cyclacel Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 14 contracts

Samples: Underwriting Agreement (Oculus Innovative Sciences, Inc.), Underwriting Agreement (Synergy Pharmaceuticals, Inc.), Underwriting Agreement (Neuralstem, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Units. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 9 contracts

Samples: Unit Purchase Agreement (VectoIQ Acquisition Corp. II), Underwriting Agreement (GigCapital, Inc.), Underwriting Agreement (VectoIQ Acquisition Corp.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 9 contracts

Samples: Underwriting Agreement (Polymedix, Inc), Underwriting Agreement (NeoStem, Inc.), Underwriting Agreement (Cytokinetics Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 9 contracts

Samples: Underwriting Agreement (Arotech Corp), Underwriting Agreement (Arotech Corp), Underwriting Agreement (Advanced Photonix Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Units. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 8 contracts

Samples: Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 8 contracts

Samples: Placement Agent Agreement (Cleveland Biolabs Inc), Subscription Agreement (Hudson Technologies Inc /Ny), Agent Agreement (Procera Networks Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Subscription Agreement (Cytokinetics Inc), Subscription Agreement (Anesiva, Inc.), Placement Agent Agreement (Towerstream Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement (Cytosorbents Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Underwriting Agreement (Synchronoss Technologies Inc), Underwriting Agreement (Babcock & Wilcox Enterprises, Inc.), Underwriting Agreement (Harrow Health, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Placement Agent Agreement (Pacific Ethanol, Inc.), Placement Agent Agreement (Acusphere Inc), Agent Agreement (Harbor BioSciences, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (Corindus Vascular Robotics, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Agent Agreement (Columbia Laboratories Inc), Agent Agreement (Cyclacel Pharmaceuticals, Inc.), Placement Agent Agreement (Clean Energy Fuels Corp.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (Cerus Corp), Underwriting Agreement (ONCOSEC MEDICAL Inc), Underwriting Agreement (Cerus Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockOffered Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (Tiziana Life Sciences PLC), Underwriting Agreement (Tiziana Life Sciences PLC), Underwriting Agreement (Mereo Biopharma Group PLC)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties indemnity and other statements forth contribution and reimbursement agreements contained in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of the representations and warranties set forth in this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 21, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Cardiff Oncology, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Global Defense & National Security Systems, Inc.), Underwriting Agreement (Global Defense & National Security Systems, Inc.), Underwriting Agreement (Natus Medical Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling Shareholders and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Selling Shareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (MEDecision, Inc.), Underwriting Agreement (Double-Take Software, Inc.), Underwriting Agreement (Double-Take Software, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Agent Agreement (Immunomedics Inc), Placement Agent Agreement (H&r Block Inc), Placement Agent Agreement (Orient Express Hotels LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersSelling stockholders and the Underwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Selling stockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Standard Diversified Inc.), Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, 7 and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Kratos Defense & Security Solutions, Inc.), Underwriting Agreement (Kratos Defense & Security Solutions, Inc.), Underwriting Agreement (MeetMe, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (ZARS Pharma, Inc.), Underwriting Agreement (Ohr Pharmaceutical Inc), Underwriting Agreement (Advanced Emissions Solutions, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Alexza Pharmaceuticals Inc.), Underwriting Agreement (Calyxt, Inc.), Underwriting Agreement (Tilray, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties indemnity and other statements forth contribution and reimbursement agreements contained in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of the representations and warranties set forth in this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Loan and Security Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Catalyst Pharmaceuticals, Inc.), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Catalyst Pharmaceutical Partners, Inc.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2124, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Nikola Corp), Underwriting Agreement (Omeros Corp), Underwriting Agreement (Nikola Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Sysorex Global Holdings Corp.), Underwriting Agreement (Widepoint Corp), Underwriting Agreement (Netlist Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 9 or Section 1011, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54(v), 7 8 and 9 10 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, 7 and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Kratos Defense & Security Solutions, Inc.), Underwriting Agreement (B. Riley Financial, Inc.), B. Riley Financial, Inc.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Affymax Inc), Underwriting Agreement (SuperCom LTD), Common Stock (Affymax Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Combinatorx, Inc, Combinatorx, Inc

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, and 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (RumbleOn, Inc.), Underwriting Agreement (RumbleON, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockOffered ADSs. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (COMPASS Pathways PLC), Underwriting Agreement (COMPASS Pathways PLC)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the subsidiaries and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the subsidiaries, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (InspireMD, Inc.), Underwriting Agreement (InspireMD, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 7 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54, 7 6 and 9 8 and Sections 11 10 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Check-Cap LTD), Underwriting Agreement (Check-Cap LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Interactive Strength, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Registration Rights Agreement (Cadiz Inc), Placement Agent Agreement (Cadiz Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Voyager Therapeutics, Inc.), Underwriting Agreement (MDxHealth SA)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (ClearPoint Neuro, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, respectively pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including including, without limitation limitation, any termination pursuant to Section 8 9 or Section 1011, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 8 and 9 10 and Sections 11 12 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Moog Inc), Underwriting Agreement (Moog Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity and contribution agreements contained in Section 7, and the covenants, agreements, representations, representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 7, 9, 10 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Clean Diesel Technologies Inc), Underwriting Agreement (Clean Diesel Technologies Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Plug Power Inc), Underwriting Agreement (Plug Power Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section Sections 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Placement Agency Agreement (Quicklogic Corporation), Agency Agreement (Celsion CORP)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Placement Agency Agreement (Cerus Corp), Placement Agent Agreement (Anadys Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10(a), the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Aerie Pharmaceuticals Inc), Underwriting Agreement (Aerie Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Widepoint Corp), Underwriting Agreement (Cadiz Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnitiesrepresentations, warranties, covenants, agreements, representations, warranties indemnities and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnitiesrepresentations, warranties, covenants, agreements, representations, warranties indemnities and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Viewray Inc), Underwriting Agreement (Viewray Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Shares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Panacea Acquisition Corp. II), Underwriting Agreement (Panacea Acquisition Corp. II)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 7, 8 and 9 10 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Bionovo Inc), Underwriting Agreement (Bionovo Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 1012, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 4, 5, 7 6, 9, 11, and 9 13 and Sections 11 14 through 2123, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Placement Agent Agreement (Universal Travel Group)

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SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersInitial Purchasers, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Initial Purchasers, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 24, 55(f), 7 8 and 9 10 and Sections 11 through 2114, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Purchase Agreement (Omeros Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Cerus Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Cytrx Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Inovio Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Placement Agent Agreement (pSivida LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Common Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Jasper Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, representations and warranties and other statements of the Company and the several Underwriters, as Underwriters set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, indemnity and contribution and reimbursement agreements contained in Section 8 and the covenants, agreements, representations, agreements and representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Sonic Solutions/Ca/)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriterseach Placement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 9, the indemnity, contribution and reimbursement agreements contained in Sections 8 or Section and 10, respectively, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Agent Agreement (Cereplast Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 ‎8 or Section 10‎9, the indemnities, covenants, agreements, representations, warranties agreements and other statements forth in Sections 2, 5, 7 Sections‎5 and 9 ‎7 and Sections 11 10 through 21‎200, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Orckit Communications LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, covenants and agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all timeseffect, and if any Stock has been purchased hereunder, the representations and warranties in Section 2 shall also remain in effect.

Appears in 1 contract

Samples: Underwriting Agreement (Intricon Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockOffered Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Novan, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 7 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54, 7 6 and 9 8 and Sections 11 10 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (BioLight Life Sciences Ltd.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2124, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Omeros Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any either of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Clearsign Combustion Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company i3 Verticals Parties and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company i3 Verticals Parties or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 ‎‎8 or Section 10‎‎10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2Section ‎2, 5Section ‎5, 7 and 9 Section ‎‎7, Section ‎‎9 and Sections 11 ‎‎11 through 21‎22, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (I3 Verticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section Sections 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 7. and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Placement Agency Agreement (Fuel Systems Solutions, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10Sections 8, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (GTX Inc /De/)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 202, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Aspen Aerogels Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section Sections 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Agency Agreement (Phoenix Technologies LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Anacor Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company Company, or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10Sections 8, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Rxi Pharmaceuticals Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 107, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 21, 54, 7 6 and 9 8 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Cerus Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any either of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times, subject to all applicable statutes of limitations.

Appears in 1 contract

Samples: Underwriting Agreement (ClearSign Technologies Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109(a), the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Aerie Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Solar3d, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Omeros Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Delcath Systems, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person Person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Securities Purchase Agreement (22nd Century Group, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (GH Research PLC)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Delcath Systems Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Neonode, Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Sections 10 or 11, the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Placement Agent Agreement (Air Industries Group)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company Company, or any person controlling any either of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 11 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Mindspeed Technologies, Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any UnderwriterPlacement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10Sections 9, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 8 and 10 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Agent Agreement (Harvest Natural Resources, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 20, 50, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc)

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