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 of its officers or directors or any controlling person, and shall survive delivery of and payment for the Stock.
Appears in 16 contracts
Samples: Underwriting Agreement (Kos Pharmaceuticals Inc), Underwriting Agreement (Go2net Inc), Underwriting Agreement (Vertex Pharmaceuticals Inc / Ma)
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 its officers or directors or any controlling person, them and shall survive delivery of and payment for the Stock.
Appears in 4 contracts
Samples: Placement Agent Agreement (Point Therapeutics Inc), Placement Agent Agreement (Targeted Genetics Corp /Wa/), Placement Agent Agreement (Genta Inc De/)
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, or any person controlling any of its officers or directors or any controlling person, them and shall survive delivery of and payment for the Stock.
Appears in 3 contracts
Samples: Subscription Agreement (Northfield Laboratories Inc /De/), Northfield Laboratories Inc /De/, Northfield 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 Selling Stockholders, the Company or any person controlling any of its officers or directors or any controlling person, them and shall survive delivery of and payment for the Stock.
Appears in 3 contracts
Samples: Underwriting Agreement (Integrated Silicon Solution Inc), Underwriting Agreement (Digital Theater Systems Inc), Digital Theater 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 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, or any person controlling any of its officers or directors or any controlling person, them and shall survive delivery of and payment for the StockUnits.
Appears in 2 contracts
Samples: Placement Agent Agreement (GTC Biotherapeutics Inc), Agent Agreement (GTC Biotherapeutics 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 of its officers or directors or any controlling person, and shall survive delivery of and payment for the StockShares.
Appears in 2 contracts
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the Selling Shareholder 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 Shareholder, the Company or any person controlling any of its officers or directors or any controlling person, them and shall survive delivery (including electronic delivery) of and payment for the StockShares.
Appears in 2 contracts
Samples: Lions Gate Entertainment Corp /Cn/, Lions Gate Entertainment Corp /Cn/
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 of its officers or directors or any controlling person, and shall survive delivery of and payment for the Common Stock.
Appears in 2 contracts
Samples: Healthgate Data Corp, Healthgate Data 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 its officers or directors or any controlling person, them and shall survive delivery of and payment for the StockSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Viasat Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, its subsidiary 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 its officers or directors or any controlling person, them and shall survive delivery of and payment for the Stock.
Appears in 1 contract
Samples: Universal Display Corp \Pa\
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 its officers or directors or any controlling person, them and shall survive delivery of and ad payment for the Stock.
Appears in 1 contract
Samples: Cybergold 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 its officers or directors or any controlling person, them and shall survive delivery of and payment for the Stock.
Appears in 1 contract
Samples: Underwriting Agreement (Encysive Pharmaceuticals Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersAgents, as set forth in this Agreement or made by them respectively, certificates of officers of the Company submitted pursuant to this Agreementhereto or thereto, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, Agent or the Company or any of its their officers or directors or any controlling person, and shall survive delivery of and payment for the StockNotes.
Appears in 1 contract
Samples: Distribution Agreement (Developers Diversified Realty 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 its officers or directors or any controlling person, them and shall survive delivery of and payment for the Stock.
Appears in 1 contract
Samples: Underwriting Agreement (Cambridge Display Technology, 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 its officers or directors or any controlling person, them and shall survive delivery of and payment for the StockADSs.
Appears in 1 contract
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 or any person controlling any of its officers or directors or any controlling person, them and shall survive delivery of and payment for the StockUnits.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Sellers 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 Sellers or any of its their officers or directors or any person controlling personany Seller, and shall survive delivery of and payment for the Stock.
Appears in 1 contract
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 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 its officers or directors or any controlling person, them and shall survive delivery of and payment for the Stock.
Appears in 1 contract
Samples: Underwriting Agreement (Hollis Eden Pharmaceuticals Inc /De/)
