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 712 contracts
Sources: Underwriting Agreement (Elbit Systems LTD), Underwriting Agreement (Tarsus Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Beta Bionics, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, 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 278 contracts
Sources: Underwriting Agreement (Red River Bancshares Inc), Underwriting Agreement (Merchants Bancorp), Underwriting Agreement (Guaranty Bancshares Inc /Tx/)
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 82 contracts
Sources: Underwriting Agreement (Hawaiian Electric Co Inc), Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Palmer Square Capital BDC 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 55 contracts
Sources: Underwriting Agreement (Grupo Financiero Galicia Sa), Underwriting Agreement (Somnigroup International Inc.), Underwriting Agreement (Triton International LTD)
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
Sources: Underwriting Agreement (Mackinac Financial Corp /Mi/), Underwriting Agreement (BNC Bancorp), Underwriting Agreement (First Community Corp /Sc/)
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 41 contracts
Sources: Underwriting Agreement (ConnectOne Bancorp, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (GXO Logistics, 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 37 contracts
Sources: Underwriting Agreement (Verrica Pharmaceuticals Inc.), Underwriting Agreement (Liberty Media Corp), Underwriting Agreement (Axonics, 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 26 contracts
Sources: 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
Sources: 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 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 17 contracts
Sources: Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement (Napco Security Technologies, 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, and as of the Closing Time (as defined belowDate referred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 14 contracts
Sources: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, 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
Sources: 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 as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined belowin Section 2(b) and any Date of Delivery (as defined belowhereof), and agrees with each Underwriter, as follows:
Appears in 13 contracts
Sources: Underwriting Agreement (Oge Energy Corp.), Purchase Agreement (Oge Energy Corp), Underwriting Agreement (Oklahoma Gas & Electric Co)
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 11 contracts
Sources: Underwriting Agreement (First Interstate Bancsystem Inc), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Hexcel Corp /De/)
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
Sources: Underwriting Agreement (Telephone & Data Systems Inc /De/), 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 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 8 contracts
Sources: Underwriting Agreement (United States Cellular Corp), Underwriting Agreement (United States Cellular Corp), Senior Debt Agreement (Avaya Inc)
Representations and Warranties by the Company. The Company represents and warrants to (and agrees with) each Underwriter as of the date hereof, as of the Applicable Time, Initial Sale Time and as of the Closing Time Date (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 8 contracts
Sources: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co 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 as of the Closing Time (Date or the Additional Closing Date, as defined belowthe case may be, each referred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Sources: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust 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 8 contracts
Sources: Underwriting Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Arthur J. Gallagher & Co.)
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
Sources: 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, as of the Applicable Time, Time of Sale and as of the Closing Time (as defined belowin Section 2(b) and any Date of Delivery (as defined belowhereof), and agrees with each Underwriter, as follows:
Appears in 7 contracts
Sources: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oge Energy 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), and agrees with each Underwriter, as follows:
Appears in 7 contracts
Sources: Underwriting Agreement (Guardian Pharmacy Services, Inc.), Underwriting Agreement (Virgin Trains USA LLC), Underwriting Agreement (Quintana Energy Services 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
Sources: 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, 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
Sources: Underwriting Agreement (Umb Financial Corp), Underwriting Agreement (Janux Therapeutics, Inc.), Underwriting Agreement (Celcuity 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
Sources: 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, 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 5 contracts
Sources: Underwriting Agreement (Spire Inc), Underwriting Agreement (Spire Inc), Underwriting Agreement (Spire 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 5 contracts
Sources: Underwriting Agreement (Perspective Therapeutics, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (PennantPark Floating Rate Capital Ltd.)
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 belowDate referred to in Section 2(c) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Underwriting Agreement (Panhandle Eastern Pipe Line Co Lp), Underwriting Agreement (Southern Union Co), Underwriting Agreement (Southern Union Co)
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)), if any, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Banc of California, Inc.), Purchase Agreement (First Pactrust Bancorp Inc), Underwriting Agreement (First Pactrust 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), 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
Sources: 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, 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
Sources: Underwriting Agreement (A2z Cust2mate Solutions Corp.), Underwriting Agreement (Trevi Therapeutics, Inc.), Underwriting Agreement (Owlet, 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
Sources: 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 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
Sources: Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (Triumph Bancorp, Inc.), Purchase Agreement (Banc of California, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and 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); provided, however, that any representations and agrees with each Underwriterwarranties that expressly speak as of a specific date shall only be considered to be made as of such date, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Bloomin' Brands, Inc.), Underwriting Agreement (Bloomin' Brands, Inc.), Underwriting Agreement (Bloomin' Brands, 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
Sources: Underwriting Agreement (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 (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
Sources: 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 Underwriter as of the date hereof, as of the Applicable Time, Initial Sale Time and as of the Closing Time Date (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
Sources: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co 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
Sources: 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 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
Sources: 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 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
Sources: 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 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 3 contracts
Sources: Underwriting Agreement (Old National Bancorp /In/), Underwriting Agreement (Umb Financial Corp), Underwriting Agreement (Atlantic Union Bankshares 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 as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp)
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
Sources: Underwriting Agreement (Banc of California, Inc.), Underwriting Agreement (Banc of California, Inc.), Underwriting Agreement (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) ), 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
Sources: 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 Underwriter as of the date hereof, the Applicable Time, as of the Closing Time Date, 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 3 contracts
Sources: Underwriting Agreement (Volcom Inc), Underwriting Agreement (Radiation Therapy Services Inc), Underwriting Agreement (Volcom 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
Sources: 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 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
Sources: 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, as of the Closing Time (referred to in Section 2(d) 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, Underwriter as follows:.
Appears in 2 contracts
Sources: Underwriting Agreement (WPS Resources Corp), Underwriting Agreement (WPS Resources 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), 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
Sources: Underwriting Agreement (VWR Corp), Underwriting Agreement (VWR Corp)
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
Sources: 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, the Applicable Time, as of the Closing Time (as defined belowDate referred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust 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 Date, 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 2 contracts
Sources: Underwriting Agreement (Spire Inc), Underwriting Agreement (Laclede Group 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, 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
Sources: Underwriting Agreement (Laclede Group Inc), Underwriting Agreement (Laclede Group 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 Date of Delivery (as defined below)at the Closing Date, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (CNB Financial Corp/Pa), Underwriting Agreement (CNB Financial Corp/Pa)
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), provided, however, that any representations and agrees with each Underwriterwarranties that expressly speak as of a specific date shall only be considered to be made as of such date, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (HD Supply Holdings, Inc.), Underwriting Agreement (HD Supply 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 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
Sources: 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 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
Sources: 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 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
Sources: 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 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
Sources: Underwriting Agreement (Identiv, Inc.), Underwriting Agreement (Universal Technical Institute Inc)
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
Sources: Underwriting Agreement (Edge Petroleum Corp), Underwriting Agreement (Edge Petroleum Corp)
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
Sources: 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 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
Sources: Purchase Agreement (Validus Holdings LTD), Purchase Agreement (Validus Holdings LTD)
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
Sources: 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, 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
Sources: 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
Sources: 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, 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
Sources: Underwriting Agreement (Elevation Oncology, Inc.), Underwriting Agreement (Tandem Diabetes Care 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 2 contracts
Sources: 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 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
Sources: Underwriting Agreement (Noranda Aluminum Holding CORP), 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
Sources: 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 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
Sources: Underwriting Agreement (Adamas Pharmaceuticals Inc), Underwriting Agreement (Adamas Pharmaceuticals 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
Sources: 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
Sources: Underwriting Agreement (Ncino, Inc.), Underwriting Agreement (Ncino, 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, the Time of Sale and as of each Closing Time (as defined belowin Section 2(b) and any Date of Delivery (as defined belowhereof), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oge Energy 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 (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Idex Corp /De/), Underwriting Agreement (Arvin Industries 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
Sources: Underwriting Agreement (Vanguard Health Systems Inc), Underwriting Agreement (HCA Holdings, 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
Sources: 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
Sources: Purchase Agreement (Mitel Networks Corp), Purchase Agreement (Mitel Networks 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 (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
Sources: Underwriting Agreement (Geron Corp), Underwriting Agreement (Geron Corp)
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
Sources: Underwriting Agreement (500.com LTD), 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
Sources: 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:follows (provided, however, that any representations and warranties that expressly speak as of a specific date shall only be considered to be made of such date):
Appears in 2 contracts
Sources: Underwriting Agreement (HTG Molecular Diagnostics, Inc), Underwriting Agreement (HTG Molecular Diagnostics, 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 (and as defined below) and any Date of Delivery (as defined below)each Additional Closing Time referred to in Section 2 hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Orange County Bancorp, Inc. /DE/), Underwriting Agreement (Orange County Bancorp, Inc. /DE/)
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 Date (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Us Airways Inc), Purchase Agreement (Eastshore Aviation, LLC)
Representations and Warranties by the Company. The Company represents and warrants to each of the Underwriter and the Borrower 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 Underwriter and the Borrower, as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereofExecution Time, as of the Applicable Time, as of the Closing Time (as defined below) and any Date of Delivery (as defined below)Date, and agrees as of each Option Closing Date (if any) referred to in Section 2(b) hereof, and agree with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time Date, 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 1 contract
Sources: Underwriting Agreement (Emageon Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, at the Applicable Time, the Closing Time (as defined belowherein), as of the Closing Time referred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
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 belowDate referred to in Section 2(c) and any Date of Delivery (as defined below), hereof and agrees with each Underwriter, Underwriter as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and 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 UnderwriterUnderwriter and Selling Shareholder, as follows:
Appears in 1 contract
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 belowreferred to in Section 2(c) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
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)Date, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and as of the Closing Time (as defined belowDate referred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (KKR Real Estate Finance Trust 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 of Delivery (as defined below), and agrees with each Underwriterthe Underwriters, as follows:
Appears in 1 contract
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
Sources: Underwriting Agreement (United Community Banks Inc)
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
Sources: Underwriting Agreement (Nationstar Mortgage Holdings 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
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 belowin each case, a "Representation Date"), and agrees with each Underwriter, as follows:
Appears in 1 contract
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 1 contract
Sources: Underwriting Agreement (Genmab a/S)
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), the Closing Date and any Option Closing Date, and agrees with each the Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (GAN LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, and shall represent and warrant as of the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), in each case as applicable, and agrees with each Underwriter, as follows:
Appears in 1 contract