Common use of Conditions of Underwriters’ Obligations Clause in Contracts

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 158 contracts

Samples: Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Duos Technologies Group, Inc.)

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Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:

Appears in 89 contracts

Samples: Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (Cabaletta Bio, Inc.)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Optional Securities, the Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 58 contracts

Samples: Underwriting Agreement (New York Mortgage Trust Inc), Underwriting Agreement (New York Mortgage Trust Inc), Underwriting Agreement (New York Mortgage Trust Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 46 contracts

Samples: Underwriting Agreement (O Reilly Automotive Inc), Underwriting Agreement (Ameriprise Financial Inc), Underwriting Agreement (Ameriprise Financial Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each Closing Time, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinand the Operating Partnership herein contained, to the performance by the Company and the Operating Partnership of its their respective obligations hereunder hereunder, and to the following additional further conditions:

Appears in 39 contracts

Samples: Terms Agreement (DUKE REALTY LTD PARTNERSHIP/), Terms Agreement (Duke Realty Limited Partnership/), Terms Agreement (DUKE REALTY LTD PARTNERSHIP/)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:

Appears in 27 contracts

Samples: Underwriting Agreement (Zynex Inc), Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Crexendo, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 24 contracts

Samples: Underwriting Agreement (Progenity, Inc.), Underwriting Agreement (Inotiv, Inc.), Purchase Agreement (Qumu Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Dateclosing date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 17 contracts

Samples: Underwriting Agreement (DHX Media Ltd.), Underwriting Agreement (TEKMIRA PHARMACEUTICALS Corp), Purchase Agreement (Palatin Technologies Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are shall be subject to the accuracy, at and (except as otherwise stated herein) as of the date hereof hereof, at and as of the Applicable Time, and at each and as of the First Closing Date, of the representations and warranties made herein by the Company, to compliance at and as of the Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of with its obligations hereunder covenants and agreements herein contained and the other provisions hereof to be satisfied at or prior to the Closing Date, and to the following additional conditions:

Appears in 14 contracts

Samples: Underwriting Agreement (Centerpoint Energy Houston Electric LLC), Underwriting Agreement (Centerpoint Energy Houston Electric LLC), Centerpoint Energy Houston Electric LLC

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 14 contracts

Samples: Purchase Agreement (OncoCyte Corp), Purchase Agreement (OncoCyte Corp), Purchase Agreement (Zosano Pharma Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 13 contracts

Samples: Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.), Underwriting Agreement (Aziyo Biologics, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are shall be subject to the accuracy, at and (except as otherwise stated herein) as of the date hereof and at each and as of the First Closing Date, of the representations and warranties made herein by the Company, to compliance at and as of the Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of with its obligations hereunder covenants and agreements herein contained and the other provisions hereof to be satisfied at or prior to the Closing Date, and to the following additional conditions:

Appears in 12 contracts

Samples: Underwriting Agreement (Cigna Group), Underwriting Agreement (Cigna Corp), Cigna Corp

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 12 contracts

Samples: Purchase Agreement (Aveo Pharmaceuticals Inc), Underwriting Agreement (Inovio Pharmaceuticals, Inc.), Purchase Agreement (Aveo Pharmaceuticals Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, to the performance by the Company and the Selling Stockholder of its their respective obligations hereunder and to the following additional conditions:

Appears in 11 contracts

Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Purchase Agreement (Neogenomics Inc), Purchase Agreement (Multiband Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company Offerors contained herein, to the performance by the Company each Offeror of its obligations hereunder and to the following additional conditions:

Appears in 9 contracts

Samples: Purchase Agreement (Community First Bankshares Inc), Purchase Agreement (Community First Bankshares Inc), Underwriting Agreement (Glacier Bancorp Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company and the Guarantors contained herein, to the performance by the Company and the Guarantors of its their obligations hereunder and to the following additional conditions:

Appears in 9 contracts

Samples: Underwriting Agreement (O Reilly Automotive Inc), Underwriting Agreement (O Reilly Automotive Inc), Underwriting Agreement (O'Reilly II Aviation Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 8 contracts

Samples: Underwriting Agreement (BioPharmX Corp), Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholders contained herein, to the performance by the Company and the Selling Shareholders of its their respective obligations hereunder and to the following additional conditions:

Appears in 8 contracts

Samples: Underwriting Agreement (Usa Technologies Inc), Purchase Agreement (Golf Galaxy, Inc.), Purchase Agreement (Rocky Shoes & Boots Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Dateclosing date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 7 contracts

Samples: Underwriting Agreement (Skylight Health Group Inc.), Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Aurinia Pharmaceuticals Inc.)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 7 contracts

Samples: Underwriting Agreement (Sound Surgical Technologies Inc.), Underwriting Agreement (Wilson Holdings, Inc.), Underwriting Agreement (Wilson Holdings, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 7 contracts

Samples: Underwriting Agreement, Underwriting Agreement (AMERI Holdings, Inc.), Underwriting Agreement (AMERI Holdings, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Baudax Bio, Inc.), www.sec.gov, Purchase Agreement (SMTP, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Immucell Corp /De/), Underwriting Agreement (Immucell Corp /De/), Purchase Agreement (Immucell Corp /De/)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Registration Rights Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their respective obligations hereunder and to the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Del Frisco's Restaurant Group, Inc.), Purchase Agreement (LDR Holding Corp), Purchase Agreement (Wonder Auto Technology, Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Dateclosing date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Novadaq Technologies Inc), Purchase Agreement (AtriCure, Inc.), TEKMIRA PHARMACEUTICALS Corp

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements made in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:

Appears in 4 contracts

Samples: Common Stock (DZS Inc.), Underwriting Agreement (DZS Inc.), Underwriting Agreement (Celsius Holdings, Inc.)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company Operating Partnership contained hereinin Section 1(a) hereof, to the performance by the Company Operating Partnership of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Eop Operating LTD Partnership

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its it obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Common Stock (Cachet Financial Solutions, Inc.), Common Stock (Cachet Financial Solutions, Inc.), Common Stock (Cachet Financial Solutions, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are is subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Purchase Agreement (Hansen Medical Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Centene Corp, Centene Corp, Centene Corp

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company and the Operating Partnership contained hereinin Section 1(a) hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder hereunder, and to the following additional further conditions:

Appears in 4 contracts

Samples: Eop Operating (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are shall be subject to the accuracy, at and (except as otherwise stated herein) as of the date hereof and at each and as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Dates, of the representations and warranties made herein by the Company, to compliance with all representations, warranties at and agreements as of the Company contained herein, to the performance Closing Dates by the Company of with its obligations hereunder covenants and agreements herein contained and other provisions hereof to be satisfied at or prior to the Closing Dates, and to the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Ameritrans Capital Corp), Underwriting Agreement (Biosite Diagnostics Inc), Underwriting Agreement (Collectibles Usa Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements made in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and obligations hereunder hereunder, and to the following additional further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Akoustis Technologies, Inc.), Underwriting Agreement (Akoustis Technologies, Inc.), Underwriting Agreement (Minim, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company and the Guarantor contained herein, to the performance by the Company and the Guarantor of its their obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Lorillard, Inc.), Underwriting Agreement (Lorillard, Inc.), Underwriting Agreement (Lorillard, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Optional Shares, each Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Mind Technology, Inc), Underwriting Agreement (Mind Technology, Inc), Letter Agreement (Mitcham Industries Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Optional Securities, the Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 4 contracts

Samples: Armour Residential (Armour Residential REIT, Inc.), Armour Residential (Armour Residential REIT, Inc.), Underwriting Agreement (Repros Therapeutics Inc.)

Conditions of Underwriters’ Obligations. The respective obligations --------------------------------------- of the several Underwriters hereunder are shall be subject to the accuracy, at and (except as otherwise stated herein) as of the date hereof and at each and as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Dates, of the representations and warranties made herein by the Company, to compliance with all representations, warranties at and agreements as of the Company contained herein, to the performance Closing Dates by the Company of with its obligations hereunder covenants and agreements herein contained and other provisions hereof to be satisfied at or prior to the Closing Dates, and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Happy Kids Inc), Underwriting Agreement (Worldquest Networks Inc), Underwriting Agreement (Medallion Financial Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are is subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as when made and on the Closing Date or any Option Closing Date, of the date hereof representations and at each warranties of the First Closing Date Trust and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinin this Agreement, to the performance by the Trust and the Company of its their respective covenants and other obligations hereunder hereunder, and to the following additional further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of this Agreement, as of the First Applicable Time and as of the Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1 hereof and in all certificates of officers of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder to be performed at or prior to the Closing Time, and to the following additional further conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Pepco Holdings Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and and, if applicable, the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Leap Therapeutics, Inc.), Underwriting Agreement (Catalyst Biosciences, Inc.), Underwriting Agreement (Leap Therapeutics, Inc.)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date), and, with respect to the Optional Securities, the Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Arlington Asset Investment Corp.), Underwriting Agreement (BofI Holding, Inc.), Underwriting Agreement (Arlington Asset Investment Corp.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the any Second Closing Date (as if made at such Closing Date), of all representations and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders, in all material respects, of its their respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second each Option Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Motus GI Holdings, Inc.), Purchase Agreement (Motus GI Holdings, Inc.), Purchase Agreement (Motus GI Holdings, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Cutera Inc), Purchase Agreement (Layne Christensen Co), Integra Lifesciences Holdings Corp

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder hereunder, including the covenants contained herein to be performed on or prior to the First Closing Date, and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholder contained herein, to the performance by the Company and the Selling Shareholder of its their respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (WPP PLC), Purchase Agreement (AgEagle Aerial Systems Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, to the performance by each of the Company and the Selling Stockholder of its respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Lantronix Inc), Underwriting Agreement (Jerash Holdings (US), Inc.), CAI International, Inc.

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Optional Securities, the Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained hereinherein or in certificates of any officer of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Oculus Innovative Sciences, Inc.), Underwriting Agreement (Oculus Innovative Sciences, Inc.), Underwriting Agreement (Oculus Innovative Sciences, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are is subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Hansen Medical Inc), Purchase Agreement (Dexcom Inc), Purchase Agreement (Endologix Inc /De/)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof hereof, as of the Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Optional Securities, the Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Armour Residential (Armour Residential REIT, Inc.), Armour Residential (Armour Residential REIT, Inc.), Underwriting Agreement (Armour Residential REIT, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company Issuer contained herein, to the performance by the Company Issuer of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Arden Realty Limited Partnership), Arden Realty Limited Partnership, Arden Realty Limited Partnership

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Edap TMS Sa), Purchase Agreement (Galena Biopharma, Inc.), Purchase Agreement (Coastal Bancorp Inc)

Conditions of Underwriters’ Obligations. The obligations of the --------------------------------------- several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Jeepers Inc), Purchase Agreement (Linkage Solutions Inc), Purchase Agreement (Jeepers Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters underwriters hereunder are subject to the accuracy, as of the date hereof and at on each of the First Closing Date and the Second Option Closing Date (Date, as if made at such Closing Date)on the dates thereof, of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: 1 (Authentic Specialty Foods Inc), Underwriting Agreement (Authentic Specialty Foods Inc), Underwriting Agreement (Authentic Specialty Foods Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Transgenomic Inc), Purchase Agreement (Derma Sciences, Inc.), Purchase Agreement (Parkervision Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the any Second Closing Date (as if made at such Closing Date), of all representations and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders, in all material respects, of its their respective obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (K2m Group Holdings, Inc.), Underwriting Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Moko Social Media LTD), Purchase Agreement (Bio Vascular Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (CONTRAFECT Corp), Warrant Agreement (CONTRAFECT Corp)

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Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each hereof, as of the First Closing Time and as of each Date and the Second Closing Date (as of Delivery, if made at such Closing Date)any, of the representations and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1(a) hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:

Appears in 2 contracts

Samples: New Plan Excel Realty Trust Inc, New Plan (New Plan Excel Realty Trust Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second each Option Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Baudax Bio, Inc.), Underwriting Agreement (Alcobra Ltd.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and and, in the case of the Second Closing (as applicable), the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement Underwriters Warrant Agreement (Iggys House, Inc.), 2007 Warrant Agreement (Iggys House, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are Underwriter is subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Juhl Energy, Inc), Purchase Agreement (Juhl Energy, Inc)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second any Option Closing Date (as if made at such the applicable Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Equity Underwriting Agreement (Canadian Solar Inc.), Equity Underwriting Agreement (Canadian Solar Inc.)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as accuracy of the date hereof representations and at each of warranties on the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements part of the Company contained hereinin all material respects on the date hereof, to on the Closing Date and, if applicable, on the Option Closing Date, the performance by the Company of its obligations hereunder in all material respects and to the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (New Century Reit Inc), Underwriting Agreement (New Century Financial Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters --------------------------------------- Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company Offerors contained herein, to the performance by the Company each Offeror of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (GBB Capital I), Purchase Agreement (CFC Preferred Trust)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each Closing Time, of the First Closing Date representations and warranties of the Trust and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinCorporation herein contained, to the performance by the Company Trust and the Corporation of its their respective obligations hereunder hereunder, and to the following additional further conditions:

Appears in 2 contracts

Samples: Starwood Lodging Corp, Starwood Lodging Corp

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Optional Shares, each Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and its Subsidiary contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Sunshine Heart, Inc.), Underwriting Agreement (Sunshine Heart, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and and, if applicable, the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (OptiNose, Inc.), Underwriting Agreement (OptiNose, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder to the performance of their obligations herein are subject to the accuracyaccuracy of the representations and warranties of the Company herein contained, as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of all of its obligations hereunder and to on the following additional conditionsClosing Date including the Underwriters receiving on the Closing Date:

Appears in 2 contracts

Samples: Underwriting Agreement (Midway Gold Corp), Underwriting Agreement (Midway Gold Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and Warburg Pincus contained herein, to the performance by the Company and Warburg Pincus of its their respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: American Medical Systems Holdings Inc, American Medical Systems Holdings Inc

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Option Shares, each Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Pluristem Therapeutics Inc), Warrant Agent Agreement (Pluristem Therapeutics Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Parent contained herein, to the performance by the Company and the Parent of its their respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Interspeed Inc), Purchase Agreement (Interspeed Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, to the performance by the Company and the Selling Stockholder of its their respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Bridgepoint Education Inc), Underwriting Agreement (Bridgepoint Education Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and each of the Second Closing Date Dates (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.), Purchase Agreement (Eiger BioPharmaceuticals, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each of the First Closing Date and the Second Option Closing Date (as if made at on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by each of the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Recro Pharma, Inc.), Underwriting Agreement (Argos Therapeutics Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Option Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Acelrx Pharmaceuticals Inc), Purchase Agreement (Acelrx Pharmaceuticals Inc)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are shall be subject to the accuracy, at and (except as otherwise stated herein) as of the date hereof hereof, at and at as of each Closing Date, of the First Closing Date representations and the Second Closing Date (as if warranties made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance herein by the Company and the Selling Shareholders, to compliance at and as of its obligations hereunder each Closing Date by the Company and the Selling Shareholders with their covenants and agreements herein contained and other provisions hereof to be satisfied at or prior to the Closing Dates, and to the following additional conditions:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and hereof, at each of the First Closing Date and the Second Closing any Date of Delivery (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, herein or made pursuant hereto to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Merit Medical Systems Inc), Underwriting Agreement (Merit Medical Systems Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company in all material respects of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Smith Micro Software, Inc.), Underwriting Agreement (GAN LTD)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Eagle Pharmaceuticals, Inc.), Optimer Pharmaceuticals Inc

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as accuracy of the representations and warranties on the part of the Issuers on the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company Issuers of its their respective obligations hereunder and to the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (William Lyon Homes), Underwriting Agreement (William Lyon Homes)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as accuracy of the date hereof representations and at each of warranties on the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements part of the Company contained hereinon the date hereof, to at the Closing Date and, if applicable, at the Option Closing Date, the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Environmental Power Corp), Underwriting Agreement (Environmental Power Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by each of the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Liqtech International Inc), Underwriting Agreement (Performant Financial Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Taylxx Xxxily Representatives contained herein, to the performance by the Company and the Taylxx Xxxily Representatives of its their respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Taylor Capital Group Inc, Taylor Capital Group Inc

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof hereof, as of the date of the applicable Terms Agreement and at each Closing Time, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinOperating Partnership herein contained, to the performance by the Company Operating Partnership of its obligations hereunder hereunder, and to the following additional further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Carramerica Realty Corp), Underwriting Agreement (Carramerica Realty Corp)

Conditions of Underwriters’ Obligations. The respective --------------------------------------- obligations of the several Underwriters hereunder are shall be subject to the accuracy, at and (except as otherwise stated herein) as of the date hereof and at each and as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Dates, of the representations and warranties made herein by the Company, to compliance with all representations, warranties at and agreements as of the Company contained herein, to the performance Closing Dates by the Company of with its obligations hereunder covenants and agreements herein contained and other provisions hereof to be satisfied at or prior to the Closing Dates, and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Accent Color Sciences Inc), Underwriting Agreement (White Pine Software Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the a Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the any Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Habit Restaurants, Inc.), Purchase Agreement (Habit Restaurants, Inc.)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof hereof, as of the Time of Sale and at each as of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date) and, with respect to the Optional Securities, the Option Closing Date (as if made at the Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Armour Residential REIT, Inc.), Underwriting Agreement (Armour Residential REIT, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Option Notes Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Amresco Inc), Amresco Inc

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are shall be subject to the accuracy, at and (except as otherwise stated herein) as of the date hereof and at each and as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Date[s], of the representations and warranties made herein by the Company, to compliance with all representations, warranties at and agreements as of the Company contained herein, to the performance Closing Date[s] by the Company of with its obligations hereunder covenants and agreements herein contained and other provisions hereof to be satisfied at or prior to the Closing Date[s], and to the following additional conditions:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Lions Gate Entertainment Corp /Cn/), Purchase Agreement (Uni-Pixel)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Dateclosing date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Nanosphere Inc), Purchase Agreement (Valuevision Media Inc)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, accuracy of the representations and warranties on the part of the Company as of the date hereof Execution Time and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Prudential PLC), Underwriting Agreement (Prudential PLC)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements made in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its their covenants and obligations hereunder hereunder, and to the following additional further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Arena Group Holdings, Inc.), Underwriting Agreement (Universal Technical Institute Inc)

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