Common use of Conditions of the Obligations of the Underwriters Clause in Contracts

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 93 contracts

Samples: Underwriting Agreement (Chicago Bridge & Iron Co N V), Underwriting Agreement (Marten Transport LTD), Underwriting Agreement (Complete Production Services, Inc.)

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Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers and the Selling Stockholders made in certificates delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 7 contracts

Samples: Underwriting Agreement (Evoqua Water Technologies Corp.), Underwriting Agreement (Evoqua Water Technologies Corp.), Underwriting Agreement (Evoqua Water Technologies Corp.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of officers of the Company officers and Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (Mammoth Energy Services, Inc.), Underwriting Agreement (Mammoth Energy Services, Inc.), Underwriting Agreement (Mammoth Energy Services, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares on the First Closing Date and the Optional Securities Shares to be purchased on each Optional Subsequent Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of officers of the Company officers and the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (TAL International Group, Inc.), Underwriting Agreement (TAL International Group, Inc.), Underwriting Agreement (TAL International Group, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the each Selling Stockholders Stockholder herein, to the accuracy of the statements of Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the each Selling Stockholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Weight Watchers International Inc, Weight Watchers International Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and and, in the case of the First Closing Date, the Selling Stockholders Stockholder herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and and, in the case of the First Closing Date, the Selling Stockholders Stockholder of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (First Solar, Inc.), Underwriting Agreement (First Solar, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinStockholder herein (as though made on such Closing Date), to the accuracy of the statements of Company officers and of the Selling Stockholder made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (Crescent Energy Co)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:: (a)

Appears in 1 contract

Samples: Underwriting Agreement (International Money Express, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject (i) to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), (ii) to the accuracy of the statements of Company officers made pursuant to the provisions hereof, (iii) to the performance by the Company and the Selling Stockholders of their obligations hereunder and (iv) to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Fairway Group Holdings Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers and the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (CAI International, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers and the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:: EXECUTION VERSION

Appears in 1 contract

Samples: Underwriting Agreement (CAI International, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder herein, to the accuracy of the written statements of Company and Selling Stockholder officers made pursuant to the provisions hereofsubsections (f) and (g) below, to the performance by the Company and the Selling Stockholders Stockholder of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: American National Can Group Inc

Conditions of the Obligations of the Underwriters. The obligations Obligations of the several Underwriters to purchase and pay for the Firm Securities Shares on the First Closing Date and the Optional Securities Shares to be purchased on each Optional Closing Date will be subject to the accuracy in all material respects of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy herein as though made on and as of the statements of Company officers made pursuant to applicable Closing Date, the provisions hereof, to the performance compliance in all material respects by the Company and the Selling Stockholders with all of their the covenants and obligations required to be complied with or performed hereunder on or prior to such Closing Date and to each of the following additional conditions precedent:

Appears in 1 contract

Samples: Euronet Services Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company (as though made on such Closing Date) and the each Selling Stockholders hereinShareholder herein (as though made on such Closing Date), to the accuracy of the statements of officers of the Company officers and each Selling Shareholder made pursuant to the provisions hereof, to the performance by the Company and the each Selling Stockholders Shareholder of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Visionchina Media Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders (including the Controlling Selling Stockholders) herein, to the accuracy of the statements of Company officers made pursuant to certifications made in accordance with the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Ameritrade Holding Corp

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Hercules Offshore, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company Company, the Controlling Shareholder, and the Selling Stockholders hereinShareholders herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company Company, the Controlling Shareholder and the Selling Stockholders Shareholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Chemspec International LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholders, as applicable, herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders Stockholders, as applicable, of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Eon Labs Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company Company, the Issuer and the Selling Stockholders herein, to the accuracy of the statements of Company the Company’s officers and the Issuer’s officers made pursuant to the provisions hereof, to the performance by the Company Company, the Issuer and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Switch & Data, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinStockholder herein (as though made on such Closing Date), to the accuracy of the statements of officers of the Company officers and the Selling Stockholder made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Bonanza Creek Energy, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company Company, the Controlling Person, and the Selling Stockholders hereinShareholder herein (as though made on such Closing Date), to the accuracy of the statements of officers of the Company officers and the Selling Shareholder made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders Shareholder of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Charm Communications Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the U.S. Firm Securities on the First Closing Date and the U.S. Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Falcon Drilling Co Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company herein, as of the date hereof and as of the Selling Stockholders hereinClosing Date, to the accuracy of the statements of Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their its obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Toys R Us Inc

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Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder herein, to the accuracy of the written statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Apria Healthcare Group Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company Company, HealthChoice and the Selling Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company Company, HealthChoice and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Wellchoice Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of officers of the Company officers and the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Standard Parking Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the each Selling Stockholders Shareholder herein, to the accuracy of the statements of Company officers and of the Selling Shareholder made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders Shareholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Capital Environmental Resource Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of officer of the Company officers and the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (NCS Multistage Holdings, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and and, with respect to any Optional Closing Date, the Selling Stockholders hereinStockholder herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Verso Paper Corp.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and under the Custody Agreements and Powers of Attorney and to the following additional conditions precedent:

Appears in 1 contract

Samples: Duane Reade Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of Company officers and the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (ACA Capital Holdings Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein at and as of such Closing Date, to the accuracy of the statements of Company officers made pursuant to the provisions hereofhereof at and as of such Closing Date, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Act Manufacturing Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of officers of the Company officers made on behalf of the Company pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Diamond Resorts International, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the U.S. Firm Securities on the First Closing Date and the U.S. Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by each of the Company and the each Selling Stockholders Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Prime Service Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and each of the Selling Stockholders hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers made in any certificates delivered pursuant to the provisions hereof, to the performance in all material respects by the Company and each of the Selling Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Mirion Technologies, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities Additional Shares to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of Company officers and Depositary made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Intershop Communications Aktiengesellschaft)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares on the First Closing Date and the Optional Securities Shares to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of their its obligations hereunder hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Pinnacle West Capital Corp)

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