Common use of Representations and Agreements to Survive Delivery Clause in Contracts

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 62 contracts

Samples: Underwriting Agreement (JBDI Holdings LTD), Underwriting Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (60 Degrees Pharmaceuticals, Inc.)

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Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 57 contracts

Samples: Underwriting Agreement (Nyxoah SA), Underwriting Agreement (Aziyo Biologics, Inc.), Underwriting Agreement (Orthopediatrics Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 34 contracts

Samples: Underwriting Agreement (Aytu Bioscience, Inc), Underwriting Agreement (Checkpoint Therapeutics, Inc.), Underwriting Agreement (Oramed Pharmaceuticals Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 20 contracts

Samples: Underwriting Agreement (Docola, Inc.), Underwriting Agreement (bioAffinity Technologies, Inc.), Underwriting Agreement (bioAffinity Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 19 contracts

Samples: Underwriting Agreement (Skylight Health Group Inc.), Underwriting Agreement (Oncolytics Biotech Inc), Underwriting Agreement (DHX Media Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 16 contracts

Samples: Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Underwriting Agreement (Repros Therapeutics Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(xi) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 15 contracts

Samples: Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Biocept Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Representative and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 11 contracts

Samples: Underwriting Agreement (ECOLOMONDO Corp INC.), Underwriting Agreement (NanoVibronix, Inc.), Medovex Corp.

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 11 contracts

Samples: Underwriting Agreement (Superior Drilling Products, Inc.), Underwriting Agreement (Superior Drilling Products, Inc.), Underwriting Agreement (Superior Drilling Products, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company, its directors, the officers of the Company signing the Registration Statement, or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 11 contracts

Samples: Underwriting Agreement (Hoth Therapeutics, Inc.), Underwriting Agreement (Eastside Distilling, Inc.), Underwriting Agreement (New Age Beverages Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 10 contracts

Samples: Underwriting Agreement (Viggle Inc.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 10 contracts

Samples: Underwriting Agreement (AmpliPhi Biosciences Corp), Underwriting Agreement (Neuralstem, Inc.), Underwriting Agreement (AmpliPhi Biosciences Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Glu Mobile Inc), Underwriting Agreement (KIT Digital, Inc.), Underwriting Agreement (Game Trading Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Lpath, Inc), Securities Purchase Agreement (Imax Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii6(a)(vii) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Nanosphere Inc), Underwriting Agreement (Rockwell Medical, Inc.), Underwriting Agreement (You on Demand Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 8 contracts

Samples: Purchase Agreement (Marchex Inc), Purchase Agreement (Hoku Scientific Inc), Purchase Agreement (Marchex Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 8 contracts

Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Catabasis Pharmaceuticals Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery of, of and payment for, for the Shares to and by the Underwriters hereunderSecurities.

Appears in 8 contracts

Samples: Underwriting Agreement (Piedmont Natural Gas Co Inc), Travelers (Travelers Capital Vii), Underwriting Agreement (Piedmont Natural Gas Co Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 7 contracts

Samples: Underwriting Agreement (Dare Bioscience, Inc.), Underwriting Agreement (iBio, Inc.), Underwriting Agreement (iBio, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 6 contracts

Samples: Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (SD Co Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) 3.5.1 and Section 7 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Public Securities to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (BioLineRx Ltd.), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Underwriting Agreement (BioLineRx Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Viggle Inc.), Underwriting Agreement (Medgenics, Inc.), Underwriting Agreement (Brainsway Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (Biocept Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii6(a)(vii) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Grand Farm Inc.), Underwriting Agreement (Emerald Acquisition CORP), Underwriting Agreement (Kingtone Wirelessinfo Solution Holding LTD)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the indemnity and contribution agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares Bonds to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: South Carolina Electric & Gas Co, South Carolina Electric & Gas Co, South Carolina Electric & Gas Co

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Document Security Systems Inc), Underwriting Agreement (Document Security Systems Inc), Underwriting Agreement (Document Security Systems Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Company and the Company Underwriters contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, directors or controlling persons, and shall survive delivery of, and payment for, the Common Shares to and by the Underwriters hereunderhereunder and any termination of this Agreement. A successor to an Underwriter, or to the Company, its directors or officers, or any person controlling the Company, shall be entitled to the benefits of the indemnity, contribution and reimbursement agreements contained in Section 7.

Appears in 5 contracts

Samples: Underwriting Agreement (Eagle Bancorp Montana, Inc.), Underwriting Agreement (Glacier Bancorp Inc), Underwriting Agreement (Glacier Bancorp Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery ofof and payment for the Securities, and payment forWarrants, the Shares to and by the Underwriters hereunderif any.

Appears in 4 contracts

Samples: Associates Corporation of North America, Associates First Capital Corp, Associates Corporation of North America

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Inpixon), Underwriting Agreement (Inpixon), Underwriting Agreement (Inpixon)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Mobiquity Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Shareholders contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any Selling Shareholders or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Purchase Agreement (Seamed Corp), Purchase Agreement (Seamed Corp), Purchase Agreement (Commtouch Software LTD)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Oncolytics Biotech Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Underwriter contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) 5, Section 7, Section 8, Section 9 and Section 7 Sections 11 through 18 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(xi) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (Bionano Genomics, Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and Underwriter, the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 4 contracts

Samples: Purchase Agreement (Vertex Energy Inc.), Purchase Agreement (EnteroMedics Inc), Purchase Agreement (EnteroMedics Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company, its directors, the officers of the Company signing the Registration Statement, or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Loop Industries, Inc.), Underwriting Agreement (Reed's, Inc.), Underwriting Agreement (Reed's, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (UniTek Global Services, Inc.), Underwriting Agreement (UniTek Global Services, Inc.), Underwriting Agreement (UniTek Global Services, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Massimo Group (Massimo Group), Underwriting Agreement (Massimo Group), Underwriting Agreement (Massimo Group)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii6(h) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Units to and by the Underwriters hereunder.

Appears in 3 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements contained in Section 4A hereto and the indemnity and contribution agreements contained in Section 6 hereto of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereofUnderwriters, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any of its directors, officers, agents or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares Bonds to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Catabasis Pharmaceuticals Inc), Underwriting Agreement (Altimmune, Inc.), Underwriting Agreement (Catabasis Pharmaceuticals Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(xi) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Better Therapeutics, Inc.), Underwriting Agreement (Synlogic, Inc.), Underwriting Agreement (Synlogic, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii6(a)(x) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Offered Securities to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(ix) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Underwritten Shares to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Sharps Compliance Corp), Underwriting Agreement (Digital Ally Inc), Opgen Inc

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Telestone Technologies Corp), Underwriting Agreement (Telestone Technologies Corp), Underwriting Agreement (Telestone Technologies Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(b)(iv) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (RMG Networks Holding Corp), Underwriting Agreement (RMG Networks Holding Corp), Underwriting Agreement (Tg Therapeutics, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii), Section 5(b), Section 5(c) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereofUnderwriter herein, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (TearLab Corp), Purchase Agreement (TearLab Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Shares, the Pre-Funded Warrants and the Warrants to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Selling Stockholders contained herein or in certificates delivered pursuant hereto, hereto including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(i) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(g) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Ocean Power Technologies, Inc.), Underwriting Agreement (Ocean Power Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Units to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (NV5 Holdings, Inc.), Underwriting Agreement (NV5 Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii), Section 5(b), Section 5(c) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, hereto including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(j) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: HighPeak Energy, Inc., HighPeak Energy, Inc.

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Optimer Pharmaceuticals Inc), Purchase Agreement (Bio Vascular Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any of its controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunderUnderwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Verb Technology Company, Inc.), Underwriting Agreement (Verb Technology Company, Inc.)

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Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Underwriters contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) 5, Section 7, Section 8 and Section 7 Sections 11 through 21 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Verdant Earth Technologies LTD), Underwriting Agreement (Verdant Earth Technologies LTD)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery ofof and payment for the Securities, and payment forthe Warrants, the Shares to and by the Underwriters hereunderif any.

Appears in 2 contracts

Samples: Associates First Capital Corp, Associates First Capital Corp

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements of the Company contained herein warranties by any party hereto or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, hereto including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(i) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (PowerFleet, Inc.), Underwriting Agreement (Aspen Group, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Guerrilla RF, Inc.), Underwriting Agreement (NFT Gaming Co Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, hereto including, but not limited towithout limitation, the agreements contained in Section 6 hereof, and the agreements of the several Underwriters Underwriters, and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofperson, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Endocardial Solutions Inc), Purchase Agreement (Endocardial Solutions Inc)

Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Stockholders contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any Selling Stockholder or any controlling person thereof and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Oragenics Inc), Underwriting Agreement (Mohawk Group Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(g) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Ocean Power Technologies, Inc.), Underwriting Agreement (Ocean Power Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Palatin Technologies Inc), Underwriting Agreement (Palatin Technologies Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Giga Tronics Inc), Underwriting Agreement (Giga Tronics Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person person(s) thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Pioneer Power Solutions, Inc.), Underwriting Agreement (Pioneer Power Solutions, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Sow Good Inc.), Underwriting Agreement (Lovesac Co)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(g) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person persons thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares, the Preferred Shares and the Warrants to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.), Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Crown Electrokinetics Corp.), Underwriting Agreement (Crown Electrokinetics Corp.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, hereto including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(i) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Torchlight Energy Resources Inc), Underwriting Agreement (Torchlight Energy Resources Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) 7 and Section 7 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Rimini Street, Inc.), Underwriting Agreement (EGAIN Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its their officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Closing Securities and the Underwriter Warrants to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person persons thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Representative and the Company contained in this Section 5(a)(viii9, Section 6(a)(vi) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Universal Travel Group)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(b)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Shimmick Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Principal Shareholders herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Principal Shareholders and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder. 8.

Appears in 1 contract

Samples: Purchase Agreement (Advantage Learning Systems Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, hereto including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(j) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: HighPeak Energy, Inc.

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Controlling Person herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Controlling Person contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, directors or controlling persons, the Controlling Person and shall survive delivery of, and payment for, the ADSs and the Shares they represent to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Duoyuan Global Water Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriters, the Selling Stockholders and the Company contained in Section 5(a)(viii) 9 and Section 7 11 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Mama's Creations, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 5(b) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Active Power Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Selling Shareholder herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Shareholder contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any Selling Shareholder, and shall survive delivery of, and payment for, the Shares ADSs to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Itamar Medical Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Manager herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Anthracite Capital Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii6(a)(vi) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (China Advanced Construction Materials Group, Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements contained in Section 4A hereto and the indemnity and contribution agreements contained in Section 6 hereto of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereofUnderwriters, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any of its directors, officers, agents or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Scana Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and DynaVox LLC herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and Underwriters, the Company and DynaVox LLC contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Purchase Agreement (DynaVox Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Public Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Lytus Technologies Holdings PTV. Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants, of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.its

Appears in 1 contract

Samples: Bay Apartment Communities Inc

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Selling Stockholder herein or in certificates delivered pursuant -25- 26 hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Stockholder contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or the Selling Stockholder, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Promedco Management Co

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Operating Partnership contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company Underwriters' agreements contained in Section 5(a)(viiiSections 4(g) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any of its controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery of, of and payment for, for the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Home Properties of New York Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any of controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Usio, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and Underwriters, the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Purchase Agreement (CAI International, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Intec Pharma Ltd.)

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