Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 24 contracts
Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Liqtech International Inc), Underwriting Agreement (Performant Financial Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 24 contracts
Samples: Underwriting Agreement (Sunshine Heart, Inc.), Underwriting Agreement (Sunshine Heart, Inc.), Underwriting Agreement (GenMark Diagnostics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters Underwriter contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 16 contracts
Samples: Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Purchase Agreement (Qumu Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 14 contracts
Samples: Purchase Agreement (Motus GI Holdings, Inc.), Underwriting Agreement (Eiger BioPharmaceuticals, Inc.), Purchase Agreement (Motus GI Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 13 contracts
Samples: Purchase Agreement (Neuronetics, Inc.), Underwriting Agreement (Mackinac Financial Corp /Mi/), Purchase Agreement (Zosano Pharma Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 8 contracts
Samples: Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Acelrx Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the several Underwriters hereunder and any termination of this Agreement.
Appears in 8 contracts
Samples: Underwriting Agreement (DiaMedica Therapeutics Inc.), Underwriting Agreement (Akoustis Technologies, Inc.), Underwriting Agreement (HyreCar Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company Underwriter and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 6 contracts
Samples: Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (ENDRA Life Sciences Inc.), Purchase Agreement (Liqtech International Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 6 contracts
Samples: Purchase Agreement (MDxHealth SA), Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company several Underwriters, and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 5 contracts
Samples: Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Mast Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directorstrustees, or any controlling persons, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any (i) termination of this AgreementAgreement and (ii) delivery of and payment for the Securities hereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Gables Realty Limited Partnership), Underwriting Agreement (Gables Realty Limited Partnership), Underwriting Agreement (Gables Realty Limited Partnership)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters contained in Section 6 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement, Underwriting Agreement (AMERI Holdings, Inc.), Underwriting Agreement (AMERI Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Registration Rights Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters Selling Stockholder herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Underwriter, the Company and the several Underwriters Selling Stockholder contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling person thereof, or the Company and the Selling Stockholder or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Bridgepoint Education Inc), Underwriting Agreement (Bridgepoint Education Inc), Underwriting Agreement (Pfenex Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 3 contracts
Samples: Purchase Agreement (Novavax Inc), Purchase Agreement (Integramed America Inc), Purchase Agreement (Integramed America Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 3 contracts
Samples: Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company Underwriter, and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the several Underwriters or its officers set forth herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling control person thereof, or the Company or any of its officers, directors, directors or controlling control persons, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, or made by or on behalf of them, including but not limited to the agreement of the Company and the several Underwriters Representative contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Progenity, Inc.), Purchase Agreement (Progenity, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any such 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Bacterin International Holdings, Inc.), Purchase Agreement (Uni-Pixel)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company several Underwriters and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Connexa Sports Technologies Inc.), Underwriting Agreement (Duos Technologies Group, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company Underwriter and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Research Frontiers Inc), Purchase Agreement (Research Frontiers Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company Underwriters and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery of, and payment for, the Securities Notes to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 2 contracts
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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, and payment for, the Securities to and by the Underwriters hereunder and any (i) termination of this AgreementAgreement and (ii) delivery of and payment for the Securities hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Avalon Properties Inc), Underwriting Agreement (Avalon Properties Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this AgreementSecurities.
Appears in 2 contracts
Samples: Underwriting Agreement (Ameriprise Financial Inc), American Express Credit Corp
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (OncoCyte Corp), Purchase Agreement (OncoCyte Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities Shares to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (CONTRAFECT Corp), Purchase Agreement
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters Underwriter contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities Shares to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Immucell Corp /De/), Underwriting Agreement (Immucell Corp /De/)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company Underwriter and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities ADSs to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement..
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company Underwriter and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities ADSs to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Edap TMS Sa)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities Shares to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personsperson thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company Underwriter and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Offered Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company Underwriters and the several Underwriters Company contained in 277712584 v11 Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the several Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company Underwriters and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the several Underwriters Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters Underwriter’s agreements contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 1 contract
Samples: Underwriting Agreement
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (TCP International Holdings Ltd.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Celcuity Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities Shares and Warrants to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Underwriter, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities Offered ADSs to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Pfenex Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company Initial Purchaser and the several Underwriters Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Initial Purchaser 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 Securities to and by the Underwriters Initial Purchaser hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Cinedigm Corp.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreement agreements of the Company Underwriters and the several Underwriters Company contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this AgreementShares hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the several Underwriters Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters Underwriter's agreements contained in Section SECTION 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or any controlling personsperson thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons or any of their respective controlling persons, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreementhereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the several Underwriters Underwriter contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities ADSs to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Edap TMS Sa)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters or Selling Stockholders herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the several Underwriters and the Company and the several Underwriters Selling Stockholders contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of 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 Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement agreements of the Underwriter, the Company and the several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter 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 Securities to and by the Underwriters Underwriter hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (XBiotech Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to and the agreement agreements of the Company and the several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
