Underwriter Agreements Clause Samples

An Underwriter Agreements clause defines the terms and conditions under which an underwriter agrees to purchase and resell securities on behalf of an issuer. This clause typically outlines the responsibilities of the underwriter, the pricing and allocation of securities, and any representations or warranties made by the parties. By clearly establishing the framework for the underwriting process, this clause ensures that both the issuer and the underwriter understand their obligations and helps prevent disputes related to the offering and sale of securities.
Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction.
Underwriter Agreements. The Fund is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction or negotiated or underwritten public offering which conflict with the transactions contemplated by this Agreement.
Underwriter Agreements. Except as previously disclosed in the Registration Statement, Prospectus, and to the Agent, the Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction.
Underwriter Agreements. Other than with respect to this Agreement, the Prior Sales Agreement and that certain Dealer Manager Agreement, dated May 16, 2024, by and between the Company and Preferred Capital Securities, LLC, the Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction.
Underwriter Agreements. The Company anticipates being a party to the Concurrent Facility Agreement simultaneous with this Agreement, but will not have an open sales order in force with more than one agent or underwriter under such agreements at any given time, provided, however, that nothing in this Agreement shall prohibit the Company from entering into the Concurrent Facility Agreement, a committed equity financing facility or similar transaction.
Underwriter Agreements. Other than with respect to this Agreement, the Partnership is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction.
Underwriter Agreements. The Underwriters covenant with the Company as follows:
Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction, other than those certain Sales Agreements, dated December 29, 2017 and December 31, 2018 by and between the Company and BRFBR.
Underwriter Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at-the-market” or continuous equity transaction, other than the 2019 Sales Agreement and that certain Common Stock Purchase Agreement dated as of September 18, 2020 between the Company and Aspire Capital Fund, LLP (the “Aspire ELOC”).
Underwriter Agreements. Except for this Agreement and as set forth on Schedule 7(y) the Company, is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction or negotiated or underwritten public offering.