Representations and Warranties of the Underwriter. The Underwriter represents and warrants to, and agrees with, the Company:
Representations and Warranties of the Underwriter. The Underwriter represents and warrants to the Company that it is registered as a broker-dealer in all jurisdictions in which it is offering the Units and that it will comply with all applicable state or federal laws relating to the sale of the Units, including but not limited to, violations based on unauthorized statements by the Underwriter or its representatives.
Representations and Warranties of the Underwriter. The Underwriter represents and agrees that, unless it obtains the prior written consent of the Company, it has not made and will not make any offer relating to the Securities that would constitute a “free writing prospectus,” as defined in Rule 405 under the Act, required to be filed with the Commission; provided that the prior written consent of the parties hereto shall be deemed to have been given in respect of the free writing prospectuses included in Schedule C. Any such free writing prospectus consented to by the Underwriter is herein referred to as a “Permitted Free Writing Prospectus.” The Underwriter represents that it has treated or agrees that it will treat each Permitted Free Writing Prospectus as an “issuer free writing prospectus,” as defined in Rule 433, and has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely Commission filing where required, legending and record keeping.
Representations and Warranties of the Underwriter. The Underwriter represents and agrees that:
Representations and Warranties of the Underwriter. The Underwriter represents and warrants as of the Closing Date as follows:
Representations and Warranties of the Underwriter. The Underwriter represents and warrants to the Company that it is a member of the NASD and registered as a broker/dealer with the SEC. There are no past, pending or, to the best of the Underwriter's knowledge, threatened proceedings involving the NASD, the Commission or any state regulatory authority which would impair the ability of the Underwriter to conduct the Offering contemplated hereunder.
Representations and Warranties of the Underwriter. Agreements of the Underwriter. The Underwriter represents and warrants and covenants to the Company that:
Representations and Warranties of the Underwriter. The ------------------------------------------------- Underwriter represents, warrants, covenants and agrees with the Bank that:
Representations and Warranties of the Underwriter. The Underwriter represents and warrants to, and agrees with the Fund, that:
Representations and Warranties of the Underwriter. The Underwriter represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under "Underwriting" in the Prospectus, except paragraphs [6 and 12] thereof, was furnished to the Company by and on behalf of the Underwriter for use in connection with the preparation of the Registration Statement and is correct and complete in all material respects.
