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 Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (Aspen Insurance Holdings LTD), Underwriting Agreement (Aspen Insurance Holdings LTD), Underwriting Agreement (Aspen Insurance Holdings LTD)

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Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Offered Securities Firm Shares together with the Firm Warrants on any the Closing Date will be or the Option Shares and/or Option Warrants on the Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinCompany, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Interpace Diagnostics Group, Inc.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (Interpace Diagnostics Group, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company herein as of the Execution Time and the Selling Shareholders hereinClosing 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Washington Mutual Inc), Underwriting Agreement (Washington Mutual, Inc)

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

Appears in 2 contracts

Samples: Underwriting Agreement (Calpine Canada Energy Finance Ulc), Calpine Canada Energy Finance Ulc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities Shares as provided herein on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, Stockholders set forth in Section 1 and Section 2 hereof as of the date hereof and as of the Closing Date as though then made and to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the timely performance by the Company and the Selling Shareholders Stockholders of their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)

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

Appears in 2 contracts

Samples: Terms Agreement (Conocophillips), Terms Agreement (Conocophillips)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance in all material respects by the Company and the Selling Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Terms Agreement (Bottling Group LLC), Underwriting Agreement (Bottling Group LLC)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities Shares on any each Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (State Street Corp), Underwriting Agreement (STATE STREET Corp)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Teco Energy Inc), Underwriting Agreement (Teco Energy Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities as provided herein on any the Closing Date will Date, shall be subject to (1) the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy set forth in Section 1 hereof as of the statements date hereof and as of Company officers made pursuant to the provisions hereofClosing Date, to as though then made; (2) the timely performance by the Company of its covenants and the Selling Shareholders other obligations hereunder; and (3) each of their obligations hereunder and to the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Akanda Corp.), Underwriting Agreement (Akanda Corp.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities as provided herein on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of each of the Company and the Selling Shareholders hereinShareholder set forth in Sections 1 and 2 hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the timely performance by each of the Company and the Selling Shareholders Shareholder of their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Intercontinental Exchange, Inc., Intercontinental Exchange, Inc.

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

Appears in 2 contracts

Samples: Underwriting Agreement (Valmont Industries Inc), Underwriting Agreement (Valmont Industries Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Preferred Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and Trust or the Selling Shareholders Corporation herein, to the accuracy of the statements of Company trustees or representatives of the Trust and officers of the Corporation made pursuant to the provisions hereof, to the performance by the Company Trust and the Selling Shareholders Corporation of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Duke Capital Financing Trust Vi, Duke Energy Capital Trust V

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the respective representations and warranties on the part of the Company and the Selling Shareholders Guarantor herein, to the accuracy of the respective statements of Company officers and Guarantor officers made pursuant to the provisions hereof, to the performance in all material respects by the Company and the Selling Shareholders Guarantor of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Terms Agreement (Bottling Group LLC), Terms Agreement (Pepsico Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters under this Agreement with respect to purchase and pay for the Offered Underwritten Securities on any Closing Date will be are subject to the accuracy accuracy, on the date of this Agreement and on the Closing Date, of the representations and warranties on the part of the Company and the Selling Shareholders contained herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and and, if applicable, the Selling Shareholders Subsidiary, of their its obligations hereunder hereunder, and to each of the following additional terms and conditions precedentapplicable to the Underwritten Securities:

Appears in 2 contracts

Samples: Underwriting Agreement (SBC Communications Inc), SBC Communications Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinCompany, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Avnet Inc), Underwriting Agreement (Avnet Inc)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters each Underwriter to purchase and pay for the Offered Securities Firm Shares on any the Closing Date will be or the applicable Option Shares on each Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Underwriting Agreement (LiveXLive Media, Inc.), Underwriting Agreement (LiveXLive Media, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Kosmos Energy Ltd.), Underwriting Agreement (Kosmos Energy Ltd.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Spirit AeroSystems Holdings, Inc.), Underwriting Agreement (Spirit AeroSystems Holdings, Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Securities Shares as provided herein on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholders set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the timely performance by the Company and the Selling Shareholders Stockholders of their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Engaged Capital LLC, Underwriting Agreement (Lion Biotechnologies, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy when made and on the Closing Date of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy of the statements of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders in all material respects of their its respective obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Hovnanian Enterprises Inc), Underwriting Agreement (Hovnanian Enterprises Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Warburg Pincus Private Equity IX, L.P.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the 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 Shareholders hereinClosing 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Pepco Holdings Inc), Pepco Holdings Inc

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any 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 Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (New York Times Co), Underwriting Agreement (New York Times Co)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Offered Securities Shares on any the Closing Date will be is subject to the accuracy accuracy, as of the Closing Date, of the representations and warranties on the part of the Company and the Selling Shareholders contained herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, and to the performance in all material respects by the Company of its covenants and the Selling Shareholders of their obligations hereunder and to the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any each respective Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Trina Solar LTD), Underwriting Agreement (Trina Solar LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities as provided herein on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, Guarantors set forth in Section 1 hereof as of each Representation Date as though then made and to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the timely performance by the Company and the Selling Shareholders Guarantors of their its covenants and other obligations hereunder hereunder, and to each of the following additional conditions precedentconditions:

Appears in 2 contracts

Samples: Republic Services, Inc., Environtech Inc.

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company herein on and as of the Selling Shareholders hereinTime of Sale and on and as of the Closing Date as if made on the 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Howmet Aerospace Inc.), Underwriting Agreement (Howmet Aerospace Inc.)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Offered Securities Shares as provided herein on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinset forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the timely performance by the Company and the Selling Shareholders of their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Grindrod Shipping Holdings Ltd.)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters each Underwriter to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties Firm Shares on the part of the Company and the Selling Shareholders hereinClosing Date, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, as provided herein is subject to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Jasper Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinGuarantor herein (as though made on the Closing Date), to the accuracy of the statements of Company the Company's and the Guarantor's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Guarantor of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Ak Steel Holding Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities as provided herein on any the Closing Date will or the Option Closing Date shall be subject to (1) the accuracy of the representations and warranties on the part of the Company set forth in Section 1 and the Selling Shareholders herein, to the accuracy Section 2 hereof as of the statements date hereof and as of Company officers made pursuant to the provisions hereof, to Closing Date or the Option Closing Date as though then made; (2) the timely performance by the Company and the Selling Shareholders Shareholder of their the covenants and other obligations hereunder hereunder; and to (3) each of the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Majestic Ideal Holdings LTD)

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

Appears in 1 contract

Samples: Terms Agreement (Chemtura CORP)

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

Appears in 1 contract

Samples: Underwriting Agreement (National City Credit Card Master Trust)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholders herein (as though made on the 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 Shareholders Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (William Lyon Homes)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to Stockholder herein (as though made on the accuracy of the statements of Company officers made pursuant to the provisions hereofClosing Date), to the performance by the Company and the Selling Shareholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (PlayAGS, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholders herein (as though made on the 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 Shareholders Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (GMS Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities Shares on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: 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 Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinGuarantors herein on the date hereof and as of the Closing Date, to the accuracy of the statements of Company Company’s and the Guarantors’ officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Guarantors of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Key Energy Services Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters Underwriter to purchase and pay for the Offered Securities on any the Closing Date will be are subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholder herein (as though made on the Closing Date), to the accuracy of the statements of Company officers and the Selling Stockholder made in certificates delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (GMS Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinSecurityholders herein (as of the date hereof and as though made on the 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 Shareholders Securityholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Laureate Education, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy Subsidiary Guarantors herein as of the statements date hereof and as of Company officers the Closing Date with the same force and effect as if made pursuant to the provisions hereofas of that date, to the performance by the Company and the Selling Shareholders Subsidiary Guarantors of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Snyder Oil Corp

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Telefonos De Mexico S a B De C V)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any each Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Willis Lease Finance Corp

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters each Underwriter to purchase and pay for the Offered Securities on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Applicable Time of Sale, the Execution Time and the Selling Shareholders hereinClosing Date, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, and to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Exelon Corp

Conditions of the Obligations of the Underwriters. The obligations obligation of each Underwriter to purchase the Firm Shares to be delivered in the form of the several Underwriters to purchase and pay for Firm ADSs on the Offered Securities on any Closing Date will or the Option Shares to be delivered in the form of the Option ADSs on the Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinCompany, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Benitec Biopharma LTD/ADR)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Terms Agreement (Credit Suisse Group Capital (Delaware) Trust II)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date Bonds will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders Corporation herein, to the accuracy of the statements of Company officers of the Corporation made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Corporation of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Duke Energy Capital Trust V

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Offered Securities Firm Shares on any the Closing Date will be or the Option Shares on or before the Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinCompany, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Apollo Endosurgery, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company [and the Selling Shareholders Subsidiary Guarantors] herein, to the accuracy of the statements of officers of the Company officers [and the Subsidiary Guarantors] made pursuant to the provisions hereof, to the performance by the Company of its [and the Selling Shareholders Subsidiary Guarantors of their respective] obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Westlake NG II, CORP)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders Securityholders 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 Shareholders Securityholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Terms Agreement (Monster Worldwide Inc)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters each Underwriter to purchase and pay for the Offered Securities Firm Shares on any the First Closing Date will be or any Option Shares on an Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinCompany, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Aquestive Therapeutics, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinGuarantors herein (as of the date hereof and as of the Closing Date), to the accuracy of the statements of Company Company’s and the Guarantors’ respective officers made in any documents delivered to the Underwriters pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Guarantors of their obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Carrizo Oil & Gas Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any each Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Teco Energy Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Aspen Insurance Holdings LTD)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Firm Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders Partnership 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Capital Automotive Reit)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinGuarantors 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 Shareholders each Guarantor of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Terex Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy accuracy, at and as of the date of the Terms Agreement and the Closing Date, of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company Company, at and as of the Selling Shareholders Closing Date, of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Terms Agreement (Bre Properties Inc /Md/)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters each Underwriter to purchase and pay for the Offered Securities on any the Closing Date will be is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Exelon Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and each Subsidiary Guarantor herein (as though made on the Selling Shareholders hereinClosing Date), to the accuracy of the statements of Company and Subsidiary Guarantor officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders each Subsidiary Guarantor of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Mariner Energy Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company Partnership herein (as of the Applicable Time and as of the Selling Shareholders hereinClosing Date), to the accuracy of the statements of Company Partnership officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Partnership of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Energy Transfer Partners, L.P.)

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Conditions of the Obligations of the Underwriters. The ------------------------------------------------- obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company herein on and as of the Selling Shareholders hereinClosing Date as if made on and as of the Closing Date, to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Terms Agreement (Case Credit Corp)

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

Appears in 1 contract

Samples: Energy Partners LTD

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters each Underwriter to purchase and pay for the Offered Securities on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Applicable Time of Sale, the Execution Time and the Selling Shareholders hereinClosing Date, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, and to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedent:conditions: (a)

Appears in 1 contract

Samples: Exelon Corp

Conditions of the Obligations of the Underwriters. The several obligations of the several Underwriters hereunder to purchase and pay for the Offered Securities Shares on any the Closing Date will be or each Option Closing Date, as the case may be, are subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders of their its obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Asure Software Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy accuracy, when made as of the Execution Time and on the Delivery Date, of the representations and warranties on the part of the Company and the Selling Shareholders contained 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 Shareholders of their its obligations hereunder and to the following additional conditions precedentterms and conditions:

Appears in 1 contract

Samples: Terms Agreement (Sunoco Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters to purchase and pay for the Offered Underwritten Securities on any Closing Date will be are subject to the accuracy accuracy, on the date of the Terms Agreement and on the Closing Date, of the representations and warranties on the part of the Company and the Selling Shareholders contained 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 Shareholders of their its obligations hereunder hereunder, and to each of the following additional conditions precedent:

Appears in 1 contract

Samples: Terms Agreement (Swedish Export Credit Corp /Swed/)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinherein (as though made on each 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Atp Oil & Gas Corp)

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

Appears in 1 contract

Samples: Underwriting Agreement (Especialty Brands LLC)

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

Appears in 1 contract

Samples: Underwriting Agreement (Alcoa Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholders herein (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 Shareholders Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Evoqua Water Technologies Corp.)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters each Underwriter to purchase and pay for the Offered Securities Firm Shares on any the Closing Date will be or any Option Shares on the Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinParent, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Parent of their its covenants and other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Kura Sushi Usa, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities Shares on any the Closing Date will be are subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinherein as of 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Image Sensing Systems Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company herein as of the date of the applicable Terms Agreement, as of the Applicable Time and the Selling Shareholders hereinClosing 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 Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Terms Agreement (Kraft Foods Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will as provided herein shall be subject to the accuracy of the representations and warranties on the part of each of the Company and the Selling Shareholders hereinset forth in Sections 1 and 2 hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the timely performance by each of the Company and the Selling Shareholders of their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Intercontinental Exchange, Inc.)

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Offered Securities Shares on any each Closing Date will be are subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders 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 Shareholders Stockholder of their respective obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Destination Xl Group, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinGuarantors herein (as though made on the 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 Shareholders each Guarantor of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Express Scripts Holding Co.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Underwritten Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders Seller herein, to the accuracy of the statements of Company officers of the Seller and Triad made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Seller of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Triad Automobile Receivables Trust 2002 A)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to Stockholder herein (as though made on the accuracy of the statements of Company officers made pursuant to the provisions hereofClosing Date), to the performance by the Company and the Selling Shareholders Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (PlayAGS, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay arrange for the Offered Securities sale of the Shares as provided herein on any the Closing Date will shall be subject to (1) the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders herein, to the accuracy set forth in Section 1 hereof as of the statements date hereof and as of Company officers made pursuant to the provisions hereof, to Closing Date as though then made; (2) the timely performance by the Company of its covenants and the Selling Shareholders other obligations hereunder; and (3) each of their obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Code Rebel Corp)

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

Appears in 1 contract

Samples: Underwriting Agreement (Terex Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities Shares on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and herein (as though made on the Selling Shareholders hereinClosing Date), to the accuracy of the statements of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Zhongpin Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinapplicable Issuer herein on the 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 Shareholders applicable Issuer of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Shell International Finance B.V.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters Underwriter hereunder to purchase and pay for the Offered Securities Shares as provided herein on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholder set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made, and to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the timely performance by the Company and the Selling Shareholders Stockholder of their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Iradimed Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties of the Issuer and the Guarantors herein (as though made on the part of the Company and the Selling Shareholders hereinClosing Date), to the accuracy of the statements of Company the officers of the Issuer made pursuant to the provisions hereof, to the performance by the Company Issuer and the Selling Shareholders Guarantors of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Aon PLC)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company Seller and the Selling Shareholders hereinServicer herein on the date hereof and at the Closing Date, to the accuracy of the statements of Company officers of the Seller and the Servicer made pursuant to the provisions hereof, to the performance by the Company Seller and the Selling Shareholders Servicer of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Nissan Auto Receivables Corp Ii

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinGuarantors herein (as though made on the 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 Shareholders Guarantors of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Bristow Group Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters Underwriter to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholders herein (as though made on the 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 Shareholders 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 Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders each Subsidiary Guarantor herein, to the accuracy of the statements of officers of the Company officers and each Subsidiary Guarantor made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders each Subsidiary Guarantor of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Energy Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders Subsidiary Guarantors herein, to the accuracy of the statements of officers of the Company officers and the Subsidiary Guarantors made pursuant to the provisions hereof, to the performance by the Company of its and the Selling Shareholders Subsidiary Guarantors of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Westlake Chemical Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinShareholder 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 Shareholders Shareholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Fiserv Inc

Conditions of the Obligations of the Underwriters. The obligations obligation of the several Underwriters to purchase and pay for the Offered Firm Securities on any the Closing Date will be or the Option Shares on the Option Closing Date, as the case may be, as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinCompany, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and the Selling Shareholders of their other obligations hereunder and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Achieve Life Sciences, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinSubsidiary Guarantors herein (as though made on the 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 Shareholders each Subsidiary Guarantor of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Express Scripts Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Firm Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinStockholders 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 Shareholders Stockholders of their obligations hereunder and to the following additional conditions precedent:: ​

Appears in 1 contract

Samples: Underwriting Agreement (Magnolia Oil & Gas Corp)

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

Appears in 1 contract

Samples: Underwriting Agreement (United Rentals Inc /De)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy when made and on the Closing Date of the representations and warranties on the part of the Company and the Selling Shareholders Premcor herein, to the accuracy of the statements of Company the Company’s and Premcor’s officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Premcor in all material respects of their its respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Premcor Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities Shares on any the Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company herein set forth as of the date hereof and as of the Selling Shareholders herein, Closing Date to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of their its obligations hereunder hereunder, and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: Underwriting Agreement (Agenus Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinManager herein (as though made on the Closing Date), to the accuracy of the statements of Company officers of the Company, the Manager and their respective subsidiaries made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Manager of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinherein (as though made on the 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 Shareholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Walker & Dunlop, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Offered Securities on any Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholders hereinGuarantor herein (as though made on such Closing Date), to the accuracy of the statements of the officers of the Company officers and the Guarantor made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders Guarantor of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Navistar International Corp)

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