Securities Uses in Conditions of Underwriter's Obligations Clause

Conditions of Underwriter's Obligations from Underwriting Agreement

The undersigned, Inpixon, a corporation formed under the laws of the State of Nevada (the "Company"), hereby confirms its agreement (this "Agreement") with Aegis Capital Corp. (hereinafter referred to as "you" (including its correlatives) or the "Underwriter") as follows:

Conditions of Underwriter's Obligations. The obligations of the Underwriter to purchase and pay for the Securities, as provided herein, shall be subject to (i) the continuing accuracy of the representations and warranties of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any; (ii) the accuracy of the statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Company of its obligations hereunder; and (iv) the following conditions:

Conditions of Underwriter's Obligations from Underwriting Agreement

The undersigned, Inpixon, a corporation formed under the laws of the State of Nevada (the "Company"), hereby confirms its agreement (this "Agreement") with Aegis Capital Corp. (hereinafter referred to as "you" (including its correlatives) or the "Underwriter") as follows:

Conditions of Underwriter's Obligations. The obligations of the Underwriter to purchase and pay for the Securities, as provided herein, shall be subject to (i) the continuing accuracy of the representations and warranties of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any; (ii) the accuracy of the statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Company of its obligations hereunder; and (iv) the following conditions:

Conditions of Underwriters Obligations from Underwriting Agreement

Conditions of Underwriters Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Transaction Entities contained in this Agreement, or in certificates signed by any officer of the Transaction Entities or any Subsidiary (whether signed on behalf of such officer, the Transaction Entities or such Subsidiary) delivered to the Representatives or counsel for the Underwriters, to the performance by the Transaction Entities of their covenants and other obligations hereunder, and to the following further conditions:

Conditions of Underwriters Obligations from Common Stock Underwriting Agreement

KKR Real Estate Finance Trust Inc., a Maryland corporation (the Company), and KKR Real Estate Finance Manager LLC, a Delaware limited liability company (the Manager), hereby confirm their respective agreements with Wells Fargo Securities, LLC (Wells Fargo) and Morgan Stanley & Co. LLC (Morgan Stanley) and each of the other Underwriters named in Exhibit A hereto (collectively, the Underwriters, which term shall also include any underwriter substituted as hereinafter provided in Section 11 hereof), for whom Wells Fargo and Morgan Stanley are acting as representatives (in such capacity, the Representatives), with respect to the issue and sale by the Company of a total of 10,250,000 shares (the Initial Securities) of the Companys common stock, par value $0.01 per share (the Common Stock), and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of Initial Securities set forth in said Exhibit A hereto, and with respect to the grant by the Company to

Conditions of Underwriters Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Manager contained in this Agreement, or in certificates signed by any officer of the Company or any subsidiary of the Company or the Manager (whether signed on behalf of such officer, the Company or such subsidiary or the Manager) delivered to the Representatives or counsel to the Underwriters pursuant to this Agreement, to the performance by the Company and the Manager of their other obligations hereunder, and to the following further conditions:

Conditions of Underwriters Obligations from Underwriting Agreement

Conditions of Underwriters Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in this Agreement, or in certificates signed by any officer of the Company and the Operating Partnership, or any Subsidiary of the Company (whether signed on behalf of such officer, the Company, the Operating Partnership or such Subsidiary) delivered to the Representatives or counsel for the Underwriters, to the performance by the Company and the Operating Partnership of their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Underwriters Obligations from Common Stock Underwriting Agreement

Conditions of Underwriters Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Carvana Parties contained in this Agreement, or in certificates signed by any officer of the Carvana Parties or any subsidiary of the Carvana Parties (whether signed on behalf of such officer, the Carvana Parties or such subsidiary), to the performance by the Carvana Parties of their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Underwriters Obligations from Common Stock Underwriting Agreement

Conditions of Underwriters Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof, to the performance by the Company of the covenants and other obligations hereunder, and to the following further conditions:

Conditions of Underwriters Obligations from Common Stock Underwriting Agreement

Conditions of Underwriters Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its Subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Underwriters Obligations from Common Stock Underwriting Agreement

Conditions of Underwriters Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Carvana Parties contained in this Agreement, or in certificates signed by any officer of the Carvana Parties or any subsidiary of the Carvana Parties (whether signed on behalf of such officer, the Carvana Parties or such subsidiary), to the performance by the Carvana Parties of their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Underwriters' Obligations from Underwriting Agreement

The undersigned, Akers Biosciences, Inc., a corporation formed under the laws of the State of New Jersey (collectively, with its subsidiaries, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries of Akers Biosciences, Inc., the "Company"), hereby confirms its agreement (this "Agreement") with Joseph Gunnar & Co., LLC (hereinafter referred to as "you" (including its correlatives) or the "Representative") and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the "Underwriters" or, individually, an "Underwriter") as follows:

Conditions of Underwriters' Obligations. The obligations of the Underwriters to purchase and pay for the Securities, as provided herein, shall be subject to (i) the continuing accuracy of the representations and warranties of the Company in all material respects as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any; (ii) the accuracy of the statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Company in all material respects of its obligations hereunder; and (iv) the following conditions: