Common use of Xxxxxxxx-Xxxxx Act Clause in Contracts

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 142 contracts

Samples: Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (TJX Companies Inc /De/), Underwriting Agreement (Cimarex Energy Co)

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Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 85 contracts

Samples: Execution Version (Amkor Technology, Inc.), Underwriting Agreement (Forestar Group Inc.), Underwriting Agreement (Revolution Medicines, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 80 contracts

Samples: Underwriting Agreement (Immunogen Inc), Letter Agreement (GenMark Diagnostics, Inc.), Underwriting Agreement (Venaxis, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 63 contracts

Samples: Underwriting Agreement (Royalty Pharma PLC), Purchase Agreement (Gartner Inc), Merger Agreement (Fortress Investment Group LLC)

Xxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 51 contracts

Samples: Sales Agreement (C4 Therapeutics, Inc.), Underwriting Agreement (Green Plains Inc.), Securities Purchase Agreement (Reneo Pharmaceuticals, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 44 contracts

Samples: Underwriting Agreement (Cimarex Energy Co), Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Moodys Corp /De/)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 40 contracts

Samples: Sales Agreement (Axcella Health Inc.), Underwriting Agreement (Prime Medicine, Inc.), Underwriting Agreement (AssetMark Financial Holdings, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 38 contracts

Samples: Underwriting Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Petroquest Energy Inc), Underwriting Agreement (Cliffs Natural Resources Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 35 contracts

Samples: Underwriting Agreement (Clovis Oncology, Inc.), Letter Agreement (Akero Therapeutics, Inc.), Distribution Agreement (Biomea Fusion, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 34 contracts

Samples: Underwriting Agreement (Sage Therapeutics, Inc.), Underwriting Agreement (BG Medicine, Inc.), Underwriting Agreement (Fox Factory Holding Corp)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 33 contracts

Samples: Underwriting Agreement (SVB Financial Group), Underwriting Agreement (SVB Financial Group), Underwriting Agreement (SVB Financial Group)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 31 contracts

Samples: Registration Rights Agreement (HomeStreet, Inc.), Underwriting Agreement (Baidu, Inc.), Manager and Solicitation Agent Agreement (REE Automotive Ltd.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 30 contracts

Samples: Underwriting Agreement (Misonix Inc), Underwriting Agreement (MediaMind Technologies Inc.), Underwriting Agreement (Neophotonics Corp)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 30 contracts

Samples: Solicitation Agent Agreement (Marketwise, Inc.), Solicitation Agent Agreement (Marketwise, Inc.), Equity Offeringsm Sales Agreement (REE Automotive Ltd.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 29 contracts

Samples: Underwriting Agreement (Spectranetics Corp), Underwriting Agreement (WESTMORELAND COAL Co), Dealer Manager Agreement (Hutchinson Technology Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 28 contracts

Samples: Underwriting Agreement (Revolution Medicines, Inc.), Underwriting Agreement (Similarweb Ltd.), Common Stock (Sienna Biopharmaceuticals, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 25 contracts

Samples: Dealer Manager Agreement (Great Elm Capital Corp.), Dealer Manager Agreement (Great Elm Capital Corp.), Company Stock Purchase Agreement (Tracinda Corp)

Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or and to the best of its knowledge any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 23 contracts

Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 20 contracts

Samples: Registration Rights Agreement (Star Gas Partners Lp), Underwriting Agreement (Lexmark International Inc /Ky/), Underwriting Agreement (Lexmark International Inc /Ky/)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 19 contracts

Samples: Terms Agreement (Avalonbay Communities Inc), Distribution Agreement (Avalonbay Communities Inc), Terms Agreement (Avalonbay Communities Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, such to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 15 contracts

Samples: Netflix Inc, Netflix Inc, Netflix Inc

Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 15 contracts

Samples: Underwriting Agreement (Advance Auto Parts Inc), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 14 contracts

Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (Medical Properties Trust Inc), Underwriting Agreement (MPT Operating Partnership, L.P.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 12 contracts

Samples: Letter Agreement (Expensify, Inc.), Underwriting Agreement (Precision Biosciences Inc), Underwriting Agreement (Otonomy, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 12 contracts

Samples: Underwriting Agreement (Nano-X Imaging Ltd.), Underwriting Agreement (CS Disco, Inc.), Underwriting Agreement (Nano-X Imaging Ltd.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Crinetics Pharmaceuticals, Inc.), Note Purchase Agreement (NantHealth, Inc.), Securities Purchase Agreement (Renalytix PLC)

Xxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or and its subsidiaries (including, without limitation, the Operating Partnership), and any of the Company’s their respective trustees, directors or officers, officers in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related (relating to loans loans) and Sections 302 and 906 related (relating to certifications).

Appears in 11 contracts

Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 9 contracts

Samples: Purchase Agreement (Sunnova Energy International Inc.), Sunnova Energy International Inc., Sunnova Energy International Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 8 contracts

Samples: Sales Agreement (Crinetics Pharmaceuticals, Inc.), Crinetics Pharmaceuticals, Inc., CARGO Therapeutics, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 8 contracts

Samples: Underwriting Agreement (Kala Pharmaceuticals, Inc.), Underwriting Agreement (PTC Therapeutics, Inc.), Kala Pharmaceuticals, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the "Xxxxxxxx-Xxxxx Act"), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 8 contracts

Samples: Cheniere Energy Inc, Credit Agreement (Meadowbrook Insurance Group Inc), Union Drilling Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 8 contracts

Samples: Sales Agreement (Morphic Holding, Inc.), Underwriting Agreement (Morphic Holding, Inc.), Underwriting Agreement (Stoke Therapeutics, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (Concho Resources Inc), Concho Resources Inc, Concho Resources Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith by the Commission thereunder (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Purchase Agreement (DiamondRock Hospitality Co), Purchase Agreement (DiamondRock Hospitality Co), Purchase Agreement (DiamondRock Hospitality Co)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Ardelyx, Inc.), Stock Purchase Agreement (T2 Biosystems, Inc.), Securities Purchase Agreement (Ardelyx, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Concho Resources Inc, Concho Resources Inc, Concho Resources Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Parties or any of the Company’s Company Parties’ directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (Athlon Energy Inc.), Athlon Energy Inc., Athlon Energy Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 (the “Sarbanes Oxley Act”) and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof, related to certifications.

Appears in 7 contracts

Samples: Registration Rights Agreement (Oasis Petroleum Inc.), Purchase Agreement (Oasis Petroleum Inc.), Credit Agreement (Oasis Petroleum Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Company, its subsidiaries or any of the Company’s their respective directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 7 contracts

Samples: Purchase Agreement (Continental Resources, Inc), Purchase Agreement (Continental Resources Inc), Purchase Agreement (Continental Resources Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsthereunder.

Appears in 7 contracts

Samples: Underwriting Agreement (Aesthetic Medical International Holdings Group LTD), Market Issuance Sales Agreement (Tellurian Inc. /De/), Distribution Agency Agreement (Tellurian Inc. /De/)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, officers to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 6 contracts

Samples: Underwriting Agreement (Medpace Holdings, Inc.), Underwriting Agreement (Medpace Holdings, Inc.), Underwriting Agreement (Medpace Holdings, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 6 contracts

Samples: Trean Insurance Group, Inc., Guardant Health, Inc., Guardant Health, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 6 contracts

Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company as of the date the Company became subject to such provisions, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 5 contracts

Samples: Sales Agreement (BioNTech SE), BioNTech SE, BioNTech SE

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (that are applicable to the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans Company and Sections 302 and 906 related to certificationsits subsidiaries.

Appears in 5 contracts

Samples: Underwriting Agreement (Homebanc Corp), Underwriting Agreement (Homebanc Corp), Underwriting Agreement (Homebanc Corp)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), that are in effect and with which the Company is required to comply as of the effectiveness of the Registration Statement, including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 5 contracts

Samples: Convertible Preferred Stock (Ovid Therapeutics Inc.), Underwriting Agreement (Ovid Therapeutics Inc.), Underwriting Agreement (Ovid Therapeutics Inc.)

Xxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc)

Xxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Alx Oncology Holdings Inc), Sales Agreement (Alx Oncology Holdings Inc), Underwriting Agreement (Alx Oncology Holdings Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications, that are in effect and with which the Company is required to comply.

Appears in 5 contracts

Samples: Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Kura Oncology, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

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

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision the provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 5 contracts

Samples: Terms Agreement (Crown Castle International Corp), Terms Agreement (Crown Castle Inc.), Sales Agreement (Crown Castle International Corp)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, to the extent compliance is required as of the date of this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (Oak Street Health, Inc.), Underwriting Agreement (Oak Street Health, Inc.), Oak Street Health, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Vital Signs Inc), Polypore International, Inc., Haynes International Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or Holdings or any of the Company’s or Holdings’ directors or officers, in their capacities as such, to comply in all material respects with any provision the provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: American Axle & Manufacturing Holdings Inc, American Axle & Manufacturing Holdings Inc, American Axle & Manufacturing Holdings Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (FB Financial Corp), Registration Rights Agreement (Minerva Surgical Inc), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Graftech International LTD), SJW Group

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, to the extent compliance is required as of the date of this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 4 contracts

Samples: Underwriting Agreement (Quark Pharmaceuticals Inc), Cbeyond Communications Inc, Cbeyond Communications Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Ca, Inc.), Sales Agreement (Clearwire Corp /DE), Clearwire Corp /DE

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any member of the Company’s directors or Board of Directors and officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 4 contracts

Samples: Underwriting Agreement (TiGenix NV), Underwriting Agreement (Materialise Nv), Underwriting Agreement (Materialise Nv)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Merger Agreement (First Niagara Financial Group Inc), Merger Agreement (First Niagara Financial Group Inc), Underwriting Agreement (First Niagara Financial Group Inc)

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Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (PERRIGO Co PLC), Common Stock Purchase Agreement (Aurora Innovation, Inc.), Stratasys Ltd.

Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Seattle Genetics Inc /Wa), Seattle Genetics Inc /Wa, Seattle Genetics Inc /Wa

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Under Armour, Inc., Cabot Corp, Cabot Corp

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Costar Group, Inc., Costar Group, Inc., Costar Group Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) in any material respect, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Aeglea BioTherapeutics, Inc.), Aeglea BioTherapeutics, Inc., Aeglea BioTherapeutics, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, applicable to the Company.

Appears in 4 contracts

Samples: Terms Agreement (RxSight, Inc.), RxSight, Inc., RxSight, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Orchard Therapeutics PLC), Securities Purchase Agreement (Orchard Therapeutics PLC), Agreement (Intapp, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its respective directors or officers, in their capacities as such, to comply in all material respects, in the case of the Company, with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Domtar CORP, Domtar CORP, Domtar CORP

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any member of the Company’s directors Supervisory Board or officersManagement Board, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 4 contracts

Samples: Voxeljet AG, Voxeljet AG, Voxeljet AG

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Purchase Agreement (Antero Resources LLC), Purchase Agreement (Antero Resources Finance Corp), Purchase Agreement (Antero Resources LLC)

Xxxxxxxx-Xxxxx Act. There is is, and has been been, no material failure on the part of the Company or any of the Company’s subsidiaries, or any of their directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including without limitation Section 402 related to loans and Sections 302 and 906 related to certificationscertifications by the Company’s Chief Executive Officer and Chief Financial Officer.

Appears in 4 contracts

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

Xxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Viridian Therapeutics, Inc.\DE), Underwriting Agreement (Holley Inc.), Underwriting Agreement (Viridian Therapeutics, Inc.\DE)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Vitamin Shoppe, Inc., Vitamin Shoppe, Inc., Vs Holdings, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 3 contracts

Samples: International Underwriting Agreement (Bilibili Inc.), Underwriting Agreement (JD.com, Inc.), International Underwriting Agreement (JD.com, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

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

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (TriState Capital Holdings, Inc.), TTM Technologies Inc, Fidelity & Guaranty Life Holdings, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Heska Corp, Loan and Security Agreement (Advanced Micro Devices Inc), Loan and Security Agreement (Advanced Micro Devices Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the provisions of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Purchase Agreement (Manitowoc Foodservice, Inc.), Purchase Agreement (Manitowoc Co Inc), Underwriting Agreement (IHS Markit Ltd.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans to insiders and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Continental Resources Inc), Underwriting Agreement (Continental Resources Inc), Continental Resources Inc

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (PPD, Inc.), Underwriting Agreement (Certara, Inc.), Underwriting Agreement (Certara, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure in any material respect on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationscertifications by the Company’s Chief Executive Officer and Chief Financial Officer.

Appears in 3 contracts

Samples: Execution Version (ViacomCBS Inc.), Underwriting Agreement (ViacomCBS Inc.), Paramount Global

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related with which the Company is required to loans and Sections 302 and 906 related to certificationscomply as of such time.

Appears in 3 contracts

Samples: Duckhorn Portfolio, Inc., Duckhorn Portfolio, Inc., Duckhorn Portfolio, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Aligos Therapeutics, Inc., IDEAYA Biosciences, Inc., IDEAYA Biosciences, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of and the Company’s directors or officers, in their capacities as such, to materially comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 3 contracts

Samples: Purchase Agreement (Resolute Energy Corp), Resolute Energy Corp, Resolute Energy Corp

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with (i) any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications, and (ii) the corporate governance requirements of Nasdaq.

Appears in 3 contracts

Samples: Placement Agreement (First Community Bank Corp of America), Placement Agreement (First Community Bank Corp of America), First Community Bank Corp of America

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith by the Commission thereunder (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans loans, Section 404 related to internal controls and Sections 302 and 906 related to certifications, other than de minimis violations.

Appears in 3 contracts

Samples: Distribution Agreement (DiamondRock Hospitality Co), Underwriting Agreement (DiamondRock Hospitality Co), Distribution Agreement (DiamondRock Hospitality Co)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) that are applicable to it, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

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

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Eclipse Resources Corp), Purchase Agreement (Eclipse Resources Corp), Equity Purchase Agreement (Jones Energy, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 (“Xxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Texas Capital Bancshares Inc/Tx), Underwriting Agreement (Texas Capital Bancshares Inc/Tx), Underwriting Agreement (Texas Capital Bancshares Inc/Tx)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company as of the date hereof, including Section 402 related to loans and Sections Section 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Open Market Sale (Chimerix Inc), Open Market Sale (Chimerix Inc), Chimerix Inc

Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Broadridge Financial Solutions, Inc.), Broadridge Financial Solutions, Inc., Broadridge Financial Solutions, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) that are applicable to it, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: iRhythm Technologies, Inc., iRhythm Technologies, Inc., iRhythm Technologies, Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Company, the Initial Guarantor or any of the Company’s their respective directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 3 contracts

Samples: Purchase Agreement (Continental Resources Inc), Purchase Agreement (Continental Resources Inc), Purchase Agreement (Continental Resources Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Quicksilver Resources Inc), Underwriting Agreement (Quicksilver Resources Inc), Underwriting Agreement (Quicksilver Resources Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, officers (in their capacities as such, ) to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Threshold Pharmaceuticals Inc), Securities Purchase Agreement (Molecular Templates, Inc.), Registration Rights Agreement (Threshold Pharmaceuticals Inc)

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 (the “Sarbanes Oxley Act”) and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 906, related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Oasis Petroleum Inc.), Registration Rights Agreement (Oasis Petroleum Inc.), Oasis Petroleum Inc.

Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Metalla Royalty & Streaming Ltd.), Equity Distribution Agreement (Metalla Royalty & Streaming Ltd.)

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