Common use of The Underwriting Agreement Clause in Contracts

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Shareholder and is a valid and binding agreement of the Selling Shareholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 7 contracts

Samples: Underwriting Agreement (Caribou Coffee Company, Inc.), Underwriting Agreement (Caribou Coffee Company, Inc.), Underwriting Agreement (Genco Shipping & Trading LTD)

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The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Shareholder Stockholder and is a valid and binding agreement of the Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 4 contracts

Samples: Underwriting Agreement (Alphatec Holdings, Inc.), Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (Axsys Technologies Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Shareholder and is a valid and binding agreement of the such Selling Shareholder, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 3 contracts

Samples: Underwriting Agreement (Universal American Financial Corp), Underwriting Agreement (Analytical Surveys Inc), Insmed Inc

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Shareholder and is a valid and binding agreement of the such Selling Shareholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.. (b)

Appears in 3 contracts

Samples: Voting Trust Agreement (Headlands Mortgage Co), Underwriting Agreement (K&g Mens Center Inc), Hutchinson Technology Inc

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Shareholder Stockholder and is a valid and binding agreement of the such Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.. (b)

Appears in 3 contracts

Samples: Underwriting Agreement (Cornerstone Brands Inc), Underwriting Agreement (Petroleum Development Corp), Custody Agreement (Garden Fresh Restaurant Corp /De/)

The Underwriting Agreement. This Agreement has been duly authorized, executed executed, and delivered by or on behalf of the such Selling Shareholder Stockholder and is a valid and binding agreement of the such Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium moratorium, or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 2 contracts

Samples: Underwriting Agreement (JMP Group Inc.), Underwriting Agreement (Delta Financial Corp)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Shareholder Stockholder and is a valid and binding agreement of the such Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law or applicable public policy and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 2 contracts

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

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling each such Shareholder and is a valid and binding agreement of the each such Selling Shareholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: National Information Consortium

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Shareholder Stockholder and is a valid and binding agreement of the Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Streamline Com Inc

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The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Shareholder Stockholder and is a valid and binding agreement of the such Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification or contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Friendly Ice Cream Corp)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Shareholder such Stockholder and is a valid and binding agreement of the Selling Shareholdersuch Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Shareholder Stockholder and is a valid and binding agreement of the Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification or contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Abiomed Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Shareholder Stockholder and is a valid and binding agreement of the Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Abgenix Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Shareholder Stockholder and is a valid and binding agreement of the Selling ShareholderStockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Regeneration Technologies Inc)

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