Validly Issued Shares. The Shares to be sold by the Company have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 17 contracts
Samples: Placement Agency Agreement (Depomed Inc), Underwriting Agreement (Depomed Inc), Underwriting Agreement (Orasure Technologies Inc)
Validly Issued Shares. The Shares to be sold by the Company such Selling Stockholder pursuant to this Agreement have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be are validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 11 contracts
Samples: Underwriting Agreement (Vocus, Inc.), Stock Underwriting Agreement (Crocs, Inc.), Underwriting Agreement (Corcept Therapeutics Inc)
Validly Issued Shares. The Shares to be sold by the Company such Selling Shareholder pursuant to this Agreement have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be are validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 3 contracts
Samples: Cache Inc, Cache Inc, Underwriting Agreement (Saul Andrew)
Validly Issued Shares. The Shares to be sold by the Company --------------------- have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 2 contracts
Samples: Underwriting Agreement (Z Tel Technologies Inc), Rainmaker Systems Inc
Validly Issued Shares. The Shares to be sold by the Company have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessablenonassessable, and the issuance of such Shares will not be subject to any preemptive or similar rightsrights to subscribe for or to purchase or acquire any shares of Common Stock of the Company or any of its subsidiaries or any such rights pursuant to its certificate of incorporation or bylaws or any agreement or instrument to or by which the Company or any of its subsidiaries is a party or bound.
Appears in 2 contracts
Samples: Underwriting Agreement (Vocus, Inc.), Underwriting Agreement (Vocus, Inc.)
Validly Issued Shares. The Shares to be sold by the Company have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-non assessable, and the issuance of such Shares will not be subject to any preemptive or similar rightsrights to subscribe for or to purchase or acquire any shares of Common Stock of the Company or any of its subsidiaries or any such rights pursuant to its certificate of incorporation or bylaws or any agreement or instrument to or by which the Company or any of its subsidiaries is a party or bound.
Appears in 2 contracts
Samples: Underwriting Agreement (Crocs, Inc.), Underwriting Agreement (Crocs, Inc.)
Validly Issued Shares. The Shares to be sold by the Company hereunder have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 2 contracts
Samples: Underwriting Agreement (Vitaminshoppe Com Inc), Vitaminshoppe Com Inc
Validly Issued Shares. The Shares to be sold by the Company have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights. No holder of the Securities will be subject to personal liability by reason of being such a holder.
Appears in 1 contract
Validly Issued Shares. The Shares to be sold by the Company have been duly authorized and, when issued and delivered against payment therefor as provided herein and in accordance with the terms of this AgreementPurchase Agreements, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights. No holder of the Shares will be subject to personal liability by reason of being such a holder.
Appears in 1 contract
Samples: Placement Agency Agreement (Ista Pharmaceuticals Inc)
Validly Issued Shares. The Shares to be sold by the Company Selling Shareholder pursuant to this Agreement have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be are validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 1 contract
Samples: Underwriting Agreement (Merix Corp)
Validly Issued Shares. The Shares to be sold by the --------------------- Company and the Selling Shareholder have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 1 contract
Validly Issued Shares. The Shares to be sold by the Company have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive rights, subscription rights or other similar rights.
Appears in 1 contract
Validly Issued Shares. The Shares to be sold by the Company Selling Stockholder pursuant to this Agreement have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be are validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 1 contract
Samples: Underwriting Agreement (Cysive Inc)
Validly Issued Shares. The Shares Securities to be sold by the Company have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares Securities will not be subject to any preemptive or similar rightsrights of the stockholders of the Company.
Appears in 1 contract
Validly Issued Shares. The Shares to be sold by the Company have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights. No holder of the Shares will be subject to personal liability by reason of being such a holder.
Appears in 1 contract
Validly Issued Shares. The Shares to be sold by the Company and the Selling Stockholders have been duly authorized and, when issued and delivered in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights.
Appears in 1 contract
