Common use of SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC Clause in Contracts

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 123 contracts

Samples: Underwriting Agreement (Humacyte, Inc.), Underwriting Agreement (American Superconductor Corp /De/), Underwriting Agreement (Aura Biosciences, Inc.)

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SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 23 contracts

Samples: Underwriting Agreement (Cryo Cell International Inc), Underwriting Agreement (Babcock & Wilcox Enterprises, Inc.), Underwriting Agreement (Synchronoss Technologies Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 18 contracts

Samples: Underwriting Agreement (Nkarta, Inc.), Underwriting Agreement (Argenx Se), Underwriting Agreement (Cabaletta Bio, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 18 contracts

Samples: Underwriting Agreement (Sarepta Therapeutics, Inc.), Underwriting Agreement (Sarepta Therapeutics, Inc.), Underwriting Agreement (Sarepta Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 15 contracts

Samples: Placement Agent Agreement (IntelGenx Technologies Corp.), Placement Agent Agreement (Altair Nanotechnologies Inc), Placement Agent Agreement (Inovio Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 14 contracts

Samples: Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Echo Therapeutics, Inc.), Underwriting Agreement (Oculus Innovative Sciences, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 14 contracts

Samples: Great Basin (Great Basin Scientific, Inc.), Great Basin (Great Basin Scientific, Inc.), Great Basin (Great Basin Scientific, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Units. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 9 contracts

Samples: Underwriting Agreement (VectoIQ Acquisition Corp. II), Unit Purchase Agreement (VectoIQ Acquisition Corp. II), Unit Purchase Agreement (VectoIQ Acquisition Corp. II)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 9 contracts

Samples: Underwriting Agreement (Dynavax Technologies Corp), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Cytokinetics Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 9 contracts

Samples: Underwriting Agreement (Arotech Corp), Underwriting Agreement (Advanced Photonix Inc), Underwriting Agreement (Cache Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Units. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 8 contracts

Samples: Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 8 contracts

Samples: Placement Agent Agreement (Cadiz Inc), Placement Agent Agreement (Cleveland Biolabs Inc), Agent Agreement (Acorn Energy, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Agent Agreement (Harbor BioSciences, Inc.), Placement Agent Agreement (Acusphere Inc), Placement Agent Agreement (Altair Nanotechnologies Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Underwriting Agreement (Harrow Health, Inc.), Underwriting Agreement (Synchronoss Technologies Inc), Underwriting Agreement (Babcock & Wilcox Enterprises, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Subscription Agreement (Cytokinetics Inc), Placement Agent Agreement (Towerstream Corp), Placement Agent Agreement (GTX Inc /De/)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement (Albireo Pharma, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockOffered Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 6 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Tiziana Life Sciences PLC), Underwriting Agreement (Tiziana Life Sciences PLC)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (ONCOSEC MEDICAL Inc), Underwriting Agreement (Matinas BioPharma Holdings, Inc.), Underwriting Agreement (Matinas BioPharma Holdings, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Agent Agreement (Oxigene Inc), Agent Agreement (Columbia Laboratories Inc), Agent Agreement (Cyclacel Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriterseach Placement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Lpath (Lpath, Inc), Placement Agent Agreement (Lpath, Inc), Placement Agent Agreement (Lpath, Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 5 contracts

Samples: Underwriting Agreement (BG Medicine, Inc.), Underwriting Agreement (Ballard Power Systems Inc.), Underwriting Agreement (Broadwind Energy, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Rosetta Genomics Ltd.), Underwriting Agreement (Rosetta Genomics Ltd.), Underwriting Agreement (CNS Response, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Placement Agent Agreement (Orient Express Hotels LTD), Placement Agent Agreement (H&r Block Inc), Agent Agreement (Immunomedics Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (NovaBay Pharmaceuticals, Inc.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Apricus Biosciences, Inc.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Global Defense & National Security Systems, Inc.), Underwriting Agreement (Global Defense & National Security Systems, Inc.), Underwriting Agreement (Tecogen Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling Shareholders and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Selling Shareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Double-Take Software, Inc.), Underwriting Agreement (MEDecision, Inc.), Underwriting Agreement (Double-Take Software, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties indemnity and other statements forth contribution and reimbursement agreements contained in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of the representations and warranties set forth in this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 21, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 8 and 10 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (Gasco Energy Inc), Underwriting Agreement (Gasco Energy Inc), Underwriting Agreement (Beacon Power Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Selling stockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 4 contracts

Samples: Underwriting Agreement (AerSale Corp), Underwriting Agreement (AerSale Corp), Underwriting Agreement (Limelight Networks, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 9 or Section 1011, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54(v), 7 8 and 9 10 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Authentidate Holding Corp), Underwriting Agreement (CNS Response, Inc.), Underwriting Agreement (Galectin Therapeutics Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (SuperCom LTD), Common Stock (Affymax Inc), Underwriting Agreement (Affymax Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (IZEA, Inc.), Underwriting Agreement (Pure Bioscience, Inc.), Underwriting Agreement (Pure Bioscience, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Ohr Pharmaceutical Inc), Underwriting Agreement (Advanced Emissions Solutions, Inc.), Underwriting Agreement (ZARS Pharma, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersCowen, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any UnderwriterCowen, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Universal Stainless & Alloy Products Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2124, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Nikola Corp), Underwriting Agreement (Nikola Corp), Underwriting Agreement (Omeros Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Combinatorx, Inc, Combinatorx, Inc

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Calyxt, Inc.), Underwriting Agreement (Tilray, Inc.), Underwriting Agreement (Alexza Pharmaceuticals Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Rxi Pharmaceuticals Corp), Underwriting Agreement (Xoma LTD /De/), Opexa Therapeutics, Inc.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 3 contracts

Samples: Underwriting Agreement (Catalyst Pharmaceuticals, Inc.), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Catalyst Pharmaceutical Partners, Inc.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the subsidiaries and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the subsidiaries, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Shares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Panacea Acquisition Corp. II), Underwriting Agreement (Panacea Acquisition Corp. II)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Interactive Strength, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Plug Power Inc), Underwriting Agreement (Plug Power Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 7, 8 and 9 10 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Pacific Ethanol, Inc.), Underwriting Agreement (Pacific Ethanol, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnitiesrepresentations, warranties, covenants, agreements, representations, warranties indemnities and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnitiesrepresentations, warranties, covenants, agreements, representations, warranties indemnities and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity and contribution agreements contained in Section 7, and the covenants, agreements, representations, representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 7, 9, 10 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Clean Diesel Technologies Inc), Underwriting Agreement (Clean Diesel Technologies Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (ClearPoint Neuro, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Voyager Therapeutics, Inc.), Underwriting Agreement (MDxHealth SA)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10(a), the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Placement Agency Agreement (Cerus Corp), Placement Agent Agreement (Anadys Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, respectively pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including including, without limitation limitation, any termination pursuant to Section 8 9 or Section 1011, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 8 and 9 10 and Sections 11 12 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, and 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (RumbleOn, Inc.), Underwriting Agreement (RumbleON, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockOffered ADSs. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (COMPASS Pathways PLC), Underwriting Agreement (COMPASS Pathways PLC)

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SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section Sections 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Placement Agency Agreement (Quicklogic Corporation), Agency Agreement (Celsion CORP)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 7 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54, 7 6 and 9 8 and Sections 11 10 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Check-Cap LTD), Underwriting Agreement (Check-Cap LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times...

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Ballard Power Systems Inc.), Underwriting Agreement (Ballard Power Systems Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockClosing Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Underwriting Agreement (BG Medicine, Inc.), NovaBay Pharmaceuticals, Inc.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

Samples: Placement Agent Agreement (Cadiz Inc), Registration Rights Agreement (Cadiz Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 2 contracts

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

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares . Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Ethanol, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54(ii), 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Loxo Oncology, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company Company, or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section Sections 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Sections 10 or 11, the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Placement Agent Agreement (Air Industries Group)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company Company, or any person controlling any either of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 11 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Mindspeed Technologies, Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersSelling Shareholders and the Underwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Selling Shareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Neonode, Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity. reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Towerstream Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnitiesindemnity, reimbursement and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (CAPSTONE TURBINE Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (AN2 Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 7 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54, 7 6 and 9 8 and Sections 11 10 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Rada Electronic Industries LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company i3 Verticals Parties and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company i3 Verticals Parties or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 ‎8 or Section 10‎10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2Section ‎2, 5Section ‎5, 7 and 9 Section ‎7, Section ‎9 and Sections 11 ‎11 through 21‎21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (I3 Verticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company Company, or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriterseach Placement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 9, the indemnity, contribution and reimbursement agreements contained in Sections 8 or Section and 10, respectively, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Agent Agreement (Cereplast Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 ‎8 or Section 10‎9, the indemnities, covenants, agreements, representations, warranties agreements and other statements forth in Sections 2, 5, 7 Sections‎5 and 9 ‎7 and Sections 11 10 through 21‎200, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Orckit Communications LTD)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any either of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Clearsign Combustion Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, and 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Chinacast Education Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company Company, or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10Sections 8, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Anacor Pharmaceuticals Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 10 and Sections 11 12 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Tilray Brands, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (GH Research PLC)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Biolife Solutions Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including including, without limitation limitation, any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Bavarian Nordic a/S / ADR)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2124, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Omeros Corp)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 202, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Aspen Aerogels Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Delcath Systems, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person Person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Securities Purchase Agreement (22nd Century Group, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Inovio Pharmaceuticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company i3 Verticals Parties and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company i3 Verticals Parties or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 ‎‎8 or Section 10‎‎10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2Section ‎2, 5Section ‎5, 7 and 9 Section ‎‎7, Section ‎‎9 and Sections 11 ‎‎11 through 21‎22, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (I3 Verticals, Inc.)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties indemnity and other statements forth contribution and reimbursement agreements contained in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of the representations and warranties set forth in this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Fuelcell Energy Inc)

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 50, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

Appears in 1 contract

Samples: Underwriting Agreement (Delcath Systems, Inc.)

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