Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 27 contracts
Samples: Underwriting Agreement (Freeline Therapeutics Holdings PLC), Underwriting Agreement (Ormat Technologies, Inc.), Sales Agreement (Entrada Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 23 contracts
Samples: Sales Agreement (Molecular Templates, Inc.), Underwriting Agreement (Solar3d, Inc.), Underwriting Agreement (Praxis Precision Medicines, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 21 contracts
Samples: Underwriting Agreement (Wix.com Ltd.), Underwriting Agreement (Oxford Immunotec Global PLC), Underwriting Agreement (CyberArk Software Ltd.)
Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 19 contracts
Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.)
Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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: Underwriting Agreement (TPG RE Finance Trust, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 17 contracts
Samples: Underwriting Agreement (Panacea Acquisition Corp. II), Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (GigCapital, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company 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, as amended 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 16 contracts
Samples: Securities Purchase Agreement (Pulse Biosciences, Inc.), Securities Purchase Agreement (Pulse Biosciences, Inc.), Underwriting Agreement (PTC Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 16 contracts
Samples: Distribution Agreement (Retail Properties of America, Inc.), Distribution Agreement (Retail Properties of America, Inc.), Distribution Agreement (Retail Properties of America, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 15 contracts
Samples: Underwriting Agreement (Verve Therapeutics, Inc.), Underwriting Agreement (Verve Therapeutics, Inc.), Underwriting Agreement (Dyne Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 14 contracts
Samples: Sales Agreement (Agios Pharmaceuticals, Inc.), Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Teladoc, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 13 contracts
Samples: Sales Agreement (Atreca, Inc.), Sales Agreement (Atreca, Inc.), Underwriting Agreement (Limelight Networks, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 12 contracts
Samples: Underwriting Agreement (Callon Petroleum Co), Purchase Agreement (Callon Petroleum Co), Underwriting Agreement (Callon Petroleum Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 (Oxford Immunotec Global PLC), Sales Agreement (Oxford Immunotec Global PLC), Underwriting Agreement (Truck Hero, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, 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, as amended 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 11 contracts
Samples: Underwriting Agreement (Aspen Technology Inc /De/), CDW Corp, CDW Corp
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company 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, as amended 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 11 contracts
Samples: Execution Version (Alnylam Pharmaceuticals, Inc.), Underwriting Agreement (Berry Petroleum Co), Underwriting Agreement (Berry Petroleum Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the CompanyCompany after reasonable inquiry, 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, as amended 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 10 contracts
Samples: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.), Equity Distribution Agreement (Cynergistek, Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 2002 and the all 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 10 contracts
Samples: CommScope Holding Company, Inc., CommScope Holding Company, Inc., CommScope Holding Company, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, and its Subsidiary Guarantors or any of the Company’s officers and directors of the Company or officersany of its Subsidiary Guarantors, in their capacities as such, to comply in all material respects with any applicable provision the provisions of the Xxxxxxxx-Xxxxx Act of 2002, as amended 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including without limitation Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 9 contracts
Samples: Range Resources Corp, Range Resources Corp, Range Resources Corp
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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: Underwriting Agreement (Guidewire Software, Inc.), Underwriting Agreement (Kythera Biopharmaceuticals Inc), Underwriting Agreement (Kythera Biopharmaceuticals Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 9 contracts
Samples: Underwriting Agreement (Flagstar Bancorp Inc), Underwriting Agreement (MP Thrift Investments L.P.), Underwriting Agreement (e.l.f. Beauty, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 certificationscertificates.
Appears in 8 contracts
Samples: Bluebird Bio, Inc., Bluebird Bio, Inc., Bluebird Bio, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure in any material respect on the part of the Company or, to the knowledge of the Company’s knowledge, 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, as amended 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 certificationscertifications by the Company’s Chief Executive Officer and Chief Financial Officer.
Appears in 8 contracts
Samples: Underwriting Agreement (CBS Corp), Underwriting Agreement (CBS Corp), CBS Corp
Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company 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, as amended 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 8 contracts
Samples: Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.)
Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or, to the knowledge 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, 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: Underwriting Agreement (Vtex), Underwriting Agreement (Sotera Health Co), Underwriting Agreement (Sotera Health Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company or any of the Company’s directors or officers, in their capacities as such, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 8 contracts
Samples: Sales Agreement (Invitae Corp), Common Stock (Invitae Corp), Common Stock Sales Agreement (Invitae Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 7 contracts
Samples: Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (Inhibrx, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or Holding or, to the knowledge of the CompanyCompany or Holding, any of the Company’s or Holding’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections Section 302 and 906 related to certifications.
Appears in 7 contracts
Samples: Up Agreement (Vantiv, Inc.), Lock Up Agreement (Vantiv, Inc.), Lock Up Agreement (Vantiv, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 7 contracts
Samples: Underwriting Agreement (ZS Pharma, Inc.), Sales Agreement (Mersana Therapeutics, Inc.), Underwriting Agreement (ZS Pharma, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 7 contracts
Samples: Intra-Cellular Therapies, Inc., Underwriting Agreement (Teladoc, Inc.), Underwriting Agreement (Enel Chile S.A.)
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, 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: Presidio, Inc., Presidio, Inc., Presidio, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, 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, as amended 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 6 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans loans, to the extent such provisions and Sections 302 rules and 906 related to certificationsregulations are applicable.
Appears in 6 contracts
Samples: Underwriting Agreement (Roth CH Acquisition IV Co.), Underwriting Agreement (Roth CH Acquisition III Co), Underwriting Agreement (Roth CH Acquisition v Co.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, 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, 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 6 contracts
Samples: Letter Agreement (Karat Packaging Inc.), Solid Biosciences Inc., Cyteir Therapeutics, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, 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, as amended 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 6 contracts
Samples: Underwriting Agreement (Oglethorpe Power Corp), Underwriting Agreement (Oglethorpe Power Corp), Underwriting Agreement (Oglethorpe Power Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 loans, to certificationsthe extent compliance is required as of the date of the Agreement.
Appears in 6 contracts
Samples: Underwriting Agreement (Ceridian HCM Holding Inc.), Ollie's Bargain Outlet Holdings, Inc., Ceridian HCM Holding Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 6 contracts
Samples: Sales Agreement (COMPASS Pathways PLC), Sales Agreement (MedAvail Holdings, Inc.), Underwriting Agreement (COMPASS Pathways PLC)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, or to the knowledge of the Company’s knowledge, 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, as amended 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 6 contracts
Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)
Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company and its directors and officers, there is and has been no failure on the part of the Company 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, 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: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (Yoshitsu Co., LTD), Underwriting Agreement (HW Electro Co., Ltd.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 6 contracts
Samples: Synovus Financial (Synovus Financial Corp), RBB Bancorp, Synovus Financial Corp
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans loans, to the extent compliance is required as of the date of this Agreement, and Sections 302 and 906 related to certifications.
Appears in 6 contracts
Samples: Sales Agreement (AVITA Medical, Inc.), Sales Agreement, Sales Agreement (Coherus BioSciences, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors trustees or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 6 contracts
Samples: Underwriting Agreement (Chesapeake Lodging Trust), Underwriting Agreement (Chesapeake Lodging Trust), Chesapeake Lodging Trust
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 loans, to certificationsthe extent compliance is required as of the date of the Agreement.
Appears in 5 contracts
Samples: Lock Up Agreement (Black Knight, Inc.), Lock Up Agreement (Black Knight, Inc.), Lock Up Agreement (Black Knight, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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: Sales Agreement (Zafgen, Inc.), Zafgen, Inc., Zafgen, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 (Stratasys Ltd.), Common Stock (Seres Therapeutics, Inc.), Common Stock (Seres Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 5 contracts
Samples: Underwriting Agreement (Nevro Corp), Underwriting Agreement (Nevro Corp), Nevro Corp
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended amended, 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 5 contracts
Samples: Purchase Agreement (Callon Petroleum Co), Purchase Agreement (Callon Petroleum Co), Distribution Agreement (Nine Energy Service, 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’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any the applicable provision provisions of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company 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, 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 5 contracts
Samples: Sales Agreement (Conformis Inc), ConforMIS Inc, ConforMIS Inc
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the best 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, 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 (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, 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, as amended 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: Microchip Technology Inc, Microchip Technology Inc, Microchip Technology Inc
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), applicable as of the effective date of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Shake Shack Inc.), Underwriting Agreement (Shake Shack Inc.), PROS Holdings, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), applicable as of the effective date of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Phreesia, Inc.), Underwriting Agreement (Phreesia, Inc.), Phreesia, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 2002 and the rules and regulations promulgated in connection therewith (applicable to the “Xxxxxxxx-Xxxxx Act”)Company or such officers or directors as of the date hereof, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 4 contracts
Samples: Common Stock Sales Agreement (Avidity Biosciences, Inc.), Sales Agreement (Avidity Biosciences, Inc.), Sales Agreement (Avidity Biosciences, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or executive officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 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: GDS Holdings LTD, GDS Holdings LTD, GDS Holdings LTD
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 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 (Madison Square Garden Entertainment Corp.), Underwriting Agreement (Madison Square Garden Entertainment Corp.), Madison Square Garden Entertainment Corp.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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: Graftech International LTD, Graftech International LTD, Graftech International LTD
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 U.S. Xxxxxxxx-Xxxxx Act of 2002, as amended 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 (Tronox LTD), Underwriting Agreement (Exxaro Resources LTD), Underwriting Agreement (Tronox Holdings PLC)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company's knowledge, any of the Company’s 's directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 (Oge Energy Corp.), Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (Oklahoma Gas & Electric Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the best 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, as amended 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: Starwood Hotel & Resorts Worldwide Inc, Starwood Hotel & Resorts Worldwide Inc, Starwood Hotel & Resorts Worldwide, Inc
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, 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, as amended 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 (Ubiquiti Networks, Inc.), Underwriting Agreement (Ubiquiti Networks, Inc.), Underwriting Agreement (Audience Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 2002 and the related 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 (Meritor Inc), Underwriting Agreement (Meritor Inc), Underwriting Agreement (Arvinmeritor 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, on the part of 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, as amended 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 certificationsloans.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Neurogen Corp), Securities Purchase Agreement (Warburg Pincus Private Equity Viii L P), Purchase Agreement (Neurogen Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, 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, as amended 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 (Ralph Lauren Corp), Underwriting Agreement (Ralph Lauren Corp), Employment Agreement (Polo Ralph Lauren Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 (Corbus Pharmaceuticals Holdings, Inc.), Cubic Corp /De/, CaesarStone Sdot-Yam Ltd.
Xxxxxxxx-Xxxxx Act. There Except as described in the Prospectus, there is and has been no failure on the part of the Company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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: Sales Agreement (BOSTON OMAHA Corp), BOSTON OMAHA Corp, BOSTON OMAHA Corp
Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company and its directors and officers, there is and has been no failure on the part of the Company 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, 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 3 contracts
Samples: Underwriting Agreement (Zai Lab LTD), Zai Lab LTD, Zai Lab LTD
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 loans, to certificationsthe extent compliance is required as of the date of the Agreement.
Appears in 3 contracts
Samples: Ceridian HCM Holding Inc., Ceridian HCM Holding Inc., Ceridian HCM Holding Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 certificationsloans.
Appears in 3 contracts
Samples: Letter Agreement (SodaStream International Ltd.), Letter Agreement (SodaStream International Ltd.), Underwriting Agreement (SodaStream International Ltd.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 3 contracts
Samples: Underwriting Agreement (Ocean Biomedical, Inc.), Underwriting Agreement (Ocean Biomedical, Inc.), Underwriting Agreement (Ocean Biomedical, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or Holding or, to the knowledge of the CompanyCompany or Holding, any of the Company’s or Holding’s directors or officers, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 3 contracts
Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Vantiv, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company orand, to the knowledge best of the Company’s knowledge, 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, as amended 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 3 contracts
Samples: Underwriting Agreement (Biodel Inc), Placement Agency Agreement (Biodel Inc), Placement Agency Agreement (Biodel Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company or any of the Company’s directors or officers, in their capacities as such, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Violin Memory Inc), Aveo Pharmaceuticals Inc, Aveo Pharmaceuticals Inc
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of its Subsidiaries or, to the knowledge of the Company’s Knowledge, any of the Company’s directors their officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) then applicable to the Company or any of its Subsidiaries, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Sales Agreement (Alector, Inc.), Common Stock (AN2 Therapeutics, Inc.), Underwriting Agreement (Alector, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, or its subsidiaries or to the knowledge of the Company, any of the Company’s their respective directors or officers, officers in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 (EVERTEC, Inc.), Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (EVERTEC, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company 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, 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 3 contracts
Samples: Spark Therapeutics, Inc., Spark Therapeutics, Inc., Spark Therapeutics, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company ornor, to the knowledge of the Company, any best of the Company’s knowledge having made due enquiry, any of its 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, as amended 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 3 contracts
Samples: Equity Distribution Agreement (GoldMining Inc.), Goldmining (GoldMining Inc.), Goldmining (GoldMining Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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, except where such noncompliance would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Umpqua Holdings Corp, Umpqua Holdings Corp, Umpqua Holdings Corp
Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or, to the knowledge 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-Xxxxxxxx- Xxxxx Act of 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: Open Market Sale (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the CompanyCompany and the Guarantors, 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, as amended 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 3 contracts
Samples: Purchase Agreement (Petroquest Energy Inc), Central Garden & Pet Co, Central Garden & Pet Co
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision the provisions of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 3 contracts
Samples: Underwriting Agreement (Lennox International Inc), Underwriting Agreement (Lennox International Inc), Underwriting Agreement (Lennox International Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the CompanyCompany after due inquiry, 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, 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 3 contracts
Samples: Underwriting Agreement (Landos Biopharma, Inc.), Sales Agreement (iTeos Therapeutics, Inc.), iTeos Therapeutics, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply comply, in all material respects, with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 3 contracts
Samples: Us Concrete Inc, Us Concrete Inc, U.S. Concrete, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, 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, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), applicable as of the effective date of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 3 contracts
Samples: Oric Pharmaceuticals, Inc., Oric Pharmaceuticals, Inc., Peloton Therapeutics, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or the Subsidiaries or, to the knowledge of the Company, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 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 3 contracts
Samples: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Underwriting Agreement (Raptor Pharmaceutical Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the best 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, as amended 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 3 contracts
Samples: Purchase Agreement (PDC Energy, Inc.), Purchase Agreement (PDC Energy, Inc.), Purchase Agreement (PDC Energy, 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, 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 3 contracts
Samples: Erasca, Inc., Erasca, Inc., Erasca, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, 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, as amended 2002 and the 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 3 contracts
Samples: Surgical Care Affiliates, Inc., Green Dot Corp, Surgical Care Affiliates, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 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 3 contracts
Samples: Altair Engineering Inc., Seer, Inc., Seer, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply comply, in all material respects, with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 2 contracts
Samples: SXC Health Solutions Corp., SXC Health Solutions Corp.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, 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, as amended 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 certifications.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.), Day One Biopharmaceuticals, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company orand, to the knowledge of the Company’s knowledge, 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, as amended 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 2 contracts
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 2 contracts
Samples: Sales Agreement (Aadi Bioscience, Inc.), Sales Agreement (TScan Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections Section 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Mersana Therapeutics, Inc.), Mersana Therapeutics, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related ) applicable to loans and Sections 302 and 906 related to certificationsthe Company as of the date hereof.
Appears in 2 contracts
Samples: Brazilian Underwriting Agreement (Azul Sa), Azul Sa
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 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 2 contracts
Samples: Underwriting Agreement (Protara Therapeutics, Inc.), Underwriting Agreement (Protara Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 2 contracts
Samples: Underwriting Agreement (Passage BIO, Inc.), Nurix Therapeutics, Inc.
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, as amended 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 loans, to certificationsthe extent compliance is required as of the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Coherus BioSciences, Inc.), Underwriting Agreement (Coherus BioSciences, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any the applicable provision provisions of the Xxxxxxxx-Xxxxx Act of 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 certificationstherewith.
Appears in 2 contracts
Samples: Solicitation Agent Agreement (Genius Sports LTD), Solicitation Agent Agreement (Genius Sports LTD)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, 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 2 contracts
Samples: Golden Entertainment, Inc., Griffon Corp
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002, as amended 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) then applicable to the Company, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (AN2 Therapeutics, Inc.), Underwriting Agreement (AN2 Therapeutics, Inc.)
