Common use of Representations and Warranties by the Company Clause in Contracts

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 675 contracts

Samples: Underwriting Agreement (Bowman Consulting Group Ltd.), Underwriting Agreement (Kinetik Holdings Inc.), Underwriting Agreement (Evolus, Inc.)

AutoNDA by SimpleDocs

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:

Appears in 84 contracts

Samples: Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Palmer Square Capital BDC Inc.), Underwriting Agreement (BOSTON OMAHA Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of and the Selling Shareholder at the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined beloweach, a “Representation Date”), and agrees with each UnderwriterUnderwriter and the Selling Shareholder, as follows:

Appears in 53 contracts

Samples: Underwriting Agreement (Mackinac Financial Corp /Mi/), Underwriting Agreement (BNC Bancorp), Underwriting Agreement (Mackinac Financial Corp /Mi/)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 40 contracts

Samples: Underwriting Agreement (Lucid Group, Inc.), Underwriting Agreement (Globe Life Inc.), Underwriting Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 37 contracts

Samples: Underwriting Agreement (GXO Logistics, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Berkshire Hills Bancorp Inc)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Appears in 35 contracts

Samples: Underwriting Agreement (Axonics, Inc.), Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Jackson Acquisition Co)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 26 contracts

Samples: Underwriting Agreement (Colony Bankcorp Inc), Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (First Midwest Bancorp Inc)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Appears in 24 contracts

Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters, as of the date hereof, the Applicable TimeTime (as hereinafter defined), the Closing Time (as defined belowhereinafter defined) and any each Date of Delivery Delivery, if any (as defined belowhereinafter defined) (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:

Appears in 19 contracts

Samples: Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), the Closing Date and any Option Closing Date, and agrees with each Underwriterthe Underwriters, as follows:

Appears in 16 contracts

Samples: Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement (Napco Security Technologies, Inc), Underwriting Agreement (Akoustis Technologies, Inc.)

Representations and Warranties by the Company. The Each of the Company and the Operating Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 13 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter named in the applicable Terms Agreement, as of the date hereofthereof, as of the Applicable Initial Sale Time, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:

Appears in 10 contracts

Samples: Underwriting Agreement (Telephone & Data Systems Inc /De/), Underwriting Agreement (Telephone & Data Systems Inc /De/), Terms Agreement (United States Cellular Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below)Time, and agrees with each Underwriter, as follows:

Appears in 9 contracts

Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Quanta Services, Inc.), Underwriting Agreement (Pacific Premier Bancorp Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any, and agrees with each Underwriter, as follows:

Appears in 7 contracts

Samples: Underwriting Agreement (Claros Mortgage Trust, Inc.), Underwriting Agreement (Claros Mortgage Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, hereof and the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 7 contracts

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

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, at the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 7 contracts

Samples: Underwriting Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Workday, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Appears in 7 contracts

Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Neogenomics Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 6 contracts

Samples: Underwriting Agreement (Virgin Trains USA LLC), Underwriting Agreement (Springleaf Holdings, Inc.), Quintana Energy Services Inc.

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 6 contracts

Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (Wintrust Financial Corp), Underwriting Agreement (Trillium Therapeutics Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 5 contracts

Samples: Underwriting Agreement (Janux Therapeutics, Inc.), Underwriting Agreement (HOOKIPA Pharma Inc.), Underwriting Agreement (VectivBio Holding AG)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 4 contracts

Samples: Spire (Spire Inc), Underwriting Agreement (Spire Inc), Underwriting Agreement (Spire Missouri Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), except for any representations and warranties that speak as of a specific date, in which case only as of such date, and agrees with each Underwriter, as follows:

Appears in 4 contracts

Samples: Underwriting Agreement (Patrick Industries Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 4 contracts

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (PennantPark Floating Rate Capital Ltd.), Underwriting Agreement (PennantPark Floating Rate Capital Ltd.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter Underwriter, as of the date hereof, at the Applicable Time, Time (as defined herein) and at the Closing Time (as defined below) and any Date of Delivery (as defined belowin Section 2(b)), and agrees with each Underwriter, as follows:

Appears in 4 contracts

Samples: Underwriting Agreement (Triumph Bancorp, Inc.), Purchase Agreement (Banc of California, Inc.), Triumph Bancorp, Inc.

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 4 contracts

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

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter named in the applicable Terms Agreement, as of the date hereof, the Applicable Time, thereof and as of the Closing Time (as defined below) and any Date of Delivery (as defined belowin each case, a “Representation Date”), and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, and as of the Applicable Time, the relevant Closing Time (as defined below) and any as of each Date of Delivery (as defined below), and agrees with if any (in each Underwritercase, a “Representation Date”), as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch & Co Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), except for any representations and warranties that speak as of a specific date, in which case only as of such date, and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: VWR Corporation (VWR Corp), Underwriting Agreement (VWR Corp), Underwriting Agreement (VWR Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time Date (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Longboard Pharmaceuticals, Inc.), Underwriting Agreement (Longboard Pharmaceuticals, Inc.), Underwriting Agreement (NeuBase Therapeutics, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) ), except for any representations and any Date warranties that speak as of Delivery (a specific date, in which case only as defined below)of such date, and agrees with each the Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any, and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (National Health Investors Inc), Underwriting Agreement (National Health Investors Inc), Underwriting Agreement (National Health Investors Inc)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Cousins Properties Inc), Cousins Properties Incorporated (Cousins Properties Inc), Underwriting Agreement (Ameristar Casinos Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, Inc.), Underwriting Agreement (Warrior Met Coal, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) ), and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Textainer Group Holdings LTD), Underwriting Agreement (Textainer Group Holdings LTD), Purchase Agreement (Noranda Aluminum Holding CORP)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) ), provided, however, that any representations and any Date warranties that expressly speak as of Delivery (a specific date shall only be considered to be made as defined below)of such date, and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Veritiv Corp), Underwriting Agreement (Veritiv Corp), Underwriting Agreement (Veritiv Corp)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Appears in 3 contracts

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

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter Underwriter, as of the date hereof, at the Applicable TimeTime (as defined herein), at the Closing Time (as defined belowin Section 2(b)) and any Date at each additional time of Delivery purchase (as defined belowin Section 2(a)) by the Underwriters pursuant to this Agreement, if any, and agrees with each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Banc of California, Inc.), Underwriting Agreement (Banc of California, Inc.), Banc of California, Inc.

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), after giving effect to the separation, as applicable, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), ) and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Vanguard Health Systems Inc), Underwriting Agreement (HCA Holdings, Inc.)

Representations and Warranties by the Company. The Company represents represents, warrants and warrants covenants to each Underwriter Underwriter, as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (MeiraGTx Holdings PLC), Underwriting Agreement (MeiraGTx Holdings PLC)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time Date (as defined belowin Section 2(b) and any Date of Delivery (as defined below), hereof) and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Laclede Group Inc), Underwriting Agreement (Laclede Group Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereofof this Agreement, the Applicable TimeTime (as defined below), the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Home Properties Inc), Underwriting Agreement (Home Properties Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time (as defined below) and as of any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Purchase Agreement (Mitel Networks Corp), Purchase Agreement (Mitel Networks Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the several Underwriters, as of the date hereof, hereof and as of the Applicable Time, the Closing Time (as defined below) and any each Date of Delivery (as defined below), and agrees with each Underwriterthe several Underwriters, as followsthat:

Appears in 2 contracts

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

Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Maxeon Solar Technologies, Ltd.), Underwriting Agreement (Maxeon Solar Technologies, Ltd.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement as of the date thereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (American Axle & Manufacturing Holdings Inc), Terms Agreement (American Axle & Manufacturing Holdings Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date (except to the extent expressly made as of Delivery (an earlier date, in which case as defined belowof such earlier date), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Geron Corp), Geron Corp

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:: (i)

Appears in 2 contracts

Samples: Globe Life Inc., Globe Life Inc.

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereofExecution Time, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriterthe Underwriters, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (UNIVEST FINANCIAL Corp), Underwriting Agreement (UNIVEST FINANCIAL Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing hereof and as of each Time (as defined below) and any Date of Delivery (as defined below)referred to in Section 2(d) hereof, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Purchase Agreement (Validus Holdings LTD), Purchase Agreement (Validus Holdings LTD)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter named in the applicable Terms Agreement, as of the date hereofthereof, the Applicable Time, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Telephone & Data Systems Inc /De/), Underwriting Agreement (United States Cellular Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (referred to in Section 2(d) hereof, and if applicable, as defined below) and any of each Date of Delivery (as defined in Section 2(c) below), (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), the Closing Date and agrees with each Underwriterany Option Closing Date, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Identiv, Inc.), Underwriting Agreement (Universal Technical Institute Inc)

Representations and Warranties by the Company. The Each of the Company and the Operating Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter Underwriter, as of the date hereof, at the Applicable Time, the Closing Time (as defined belowherein) and any at the Closing Date of Delivery (as defined belowin Section 2(b)), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (MainStreet Bancshares, Inc.), Underwriting Agreement (Triumph Bancorp, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable TimeTime (as defined below), the Closing Time (as defined below) ), and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (500.com LTD), Underwriting Agreement (Noranda Aluminum Holding CORP)

Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter Underwriter, as of the date hereof, as of the Applicable Time, as of the Closing Time (as defined below) and any each Date of Delivery (if any) (as defined below), and agrees with each Underwriter, ) as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Green Mountain Coffee Roasters Inc), Purchase Agreement (Green Mountain Coffee Roasters Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

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

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Arvin Industries Inc), Idex Corp /De/

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter Underwriter, as of the date hereof, at the Applicable Time, the Closing Time (as defined belowherein) and any Date of Delivery (as defined below)at the Closing Date, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (CNB Financial Corp/Pa), CNB Financial Corp/Pa

Representations and Warranties by the Company. The Each of the Company and the Operating Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

AutoNDA by SimpleDocs

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) ), and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Noranda Aluminum Holding CORP), Underwriting Agreement (Noranda Aluminum Holding CORP)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), as applicable, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below)Time, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Elevation Oncology, Inc.), Underwriting Agreement (Tandem Diabetes Care Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) ), and any Date of Delivery (as defined below), except for any representations and warranties that speak as of a specific date, in which case only as of such date, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (VWR Corp), Underwriting Agreement (VWR Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, and as of the Applicable TimeFirst Delivery Date and Second Delivery Date (if applicable) referred to in Section 2 hereof, the Closing Time (as defined below) and any Date of Delivery (as defined below)appropriate, and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Edge Petroleum Corp), Underwriting Agreement (Edge Petroleum Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any the Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (VectivBio Holding AG), Underwriting Agreement (VectivBio Holding AG)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter named in the applicable Terms Agreement, as of the date hereof, the Applicable Time, thereof and as of the Closing Time (as defined below) and any Date of Delivery (as defined belowin each case, a "Representation Date"), and agrees with each Underwriter, as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Ambac Financial Group Inc), Ambac Financial Group Inc

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:follows (provided, however, that any representations and warranties that expressly speak as of a specific date shall only be considered to be made as of such date):

Appears in 2 contracts

Samples: Underwriting Agreement (AEON Biopharma, Inc.), Underwriting Agreement (AEON Biopharma, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, hereof and the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 2 contracts

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

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (Date or the Additional Closing Date, as defined below) and any Date of Delivery the case may be (as defined below), and agrees with each the Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Karyopharm Therapeutics Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date each Time of Delivery (as defined below), and agrees with each Underwriterthe Underwriters, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (HealthSpring, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of on the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (NBT Bancorp Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable TimeTime (as defined below), the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Cathay General Bancorp)

Representations and Warranties by the Company. The Company hereby represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below) (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Nationstar Mortgage Holdings Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time referred to in Section 1(a)(ii) hereof and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Stifel Financial Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Warrior Met Coal, LLC)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriter, as of the date hereofthereof, the Applicable Time, as of the Closing Time (and as defined below) and any of the Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Solectron Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriterthe Underwriters, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Unique Fabricating, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery Option Closing Time (as defined below), and agrees with each the Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Finjan Holdings, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time (as defined below) and any Date of Delivery (as defined below)Date, and agrees with each the Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Oil States International, Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Umb Financial Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Hayward Holdings, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Ship Finance International LTD)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter Underwriter, the Forward Seller and the Forward Purchaser as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, the Forward Seller and the Forward Purchaser, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Umb Financial Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined belowherein), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Sandy Spring Bancorp Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) Time, and any each Date of Delivery (as defined below), if any, and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Sotherly Hotels Lp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and to each Selling Shareholder as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (CannTrust Holdings Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters, as of the date hereof, the Applicable TimeTime (as hereinafter defined), the Closing Time (as defined belowhereinafter defined) and any each Date of Delivery (as defined belowhereinafter defined), and agrees with if any (in each Underwritercase, a “Representation Date”), as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Fortress Transportation & Infrastructure Investors LLC)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter Underwriter, as of the date hereof, the Applicable Time, as of the Closing Time (and as defined below) and any of the Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Solectron Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (United Community Banks Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below) (except to the extent expressly made as of an earlier date, in which case as of such earlier date), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Geron Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriterof the Underwriters, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined beloweach, a “Representation Date”), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Taylor Capital Group Inc)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date (except to the extent expressly made as of Delivery (an earlier date, in which case as defined belowof such earlier date), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Geron Corp

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriter, as of the date hereof, the Applicable Time, the Closing Time (as defined below) herein), the Closing Date, and any each Date of Delivery (as defined below)Delivery, and agrees with each the Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (First Guaranty Bancshares, Inc.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:: EXHIBIT 4.11

Appears in 1 contract

Samples: Bionomics Limited/Fi

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined below) and any as of each Date of Delivery (as defined below), if any, and agrees with each Underwriterthe Underwriters, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (James River Group Holdings, Ltd.)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriter, as of the date hereof, the Applicable Time, as of the Closing Time (and as defined below) and any of the Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Purchase Agreement (Solectron Corp)

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Dick's Sporting Goods, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.