Common use of Conditions of Underwriters’ Obligations Clause in Contracts

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 45 contracts

Samples: Underwriting Agreement (MeridianLink, Inc.), Agreement (Intapp, Inc.), Underwriting Agreement (Intapp, Inc.)

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Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 37 contracts

Samples: Underwriting Agreement (ConnectOne Bancorp, Inc.), Purchase Agreement (Symetra Financial CORP), Tomotherapy Incorporated (TomoTherapy Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Underwritten Securities pursuant to the applicable Terms Agreement are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 35 contracts

Samples: Underwriting Agreement (Merrill Lynch Depositor Inc), Underwriting Agreement (Merrill Lynch Depositor Inc), Underwriting Agreement (Telephone & Data Systems Inc /De/)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder to purchase Underwritten Securities pursuant to the applicable Terms Agreement are subject to the accuracy of the representations and warranties of the Company and herein contained, to the Selling Stockholders contained herein or in certificates of any officer accuracy of the Company or statements of the Company’s officers made in any of its subsidiaries or on behalf of any Selling Stockholder delivered certificate pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective all of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 30 contracts

Samples: Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder to purchase Underwritten Securities pursuant to the applicable Terms Agreement are subject to the accuracy of the representations and warranties of the Company and herein contained, to the Selling Stockholders contained herein or in certificates of any officer accuracy of the Company or statements of the Company's officers made in any of its subsidiaries or on behalf of any Selling Stockholder delivered certificate pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective all of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 25 contracts

Samples: Terms Agreement (Kimco Realty Corp), Underwriting Agreement (Excel Realty Trust Inc), Terms Agreement (Kimco Realty Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 24 contracts

Samples: Purchase Agreement (Verisk Analytics, Inc.), Purchase Agreement (Rue21, Inc.), Purchase Agreement (Rue21, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 23 contracts

Samples: Underwriting Agreement (Kraft Heinz Co), Underwriting Agreement (Maxeon Solar Technologies, Ltd.), Underwriting Agreement (TTEC Holdings, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Underwritten Securities pursuant to the applicable Terms Agreement are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Guarantor contained herein in Section 1(a) hereof or in certificates of any officer of the Company Company, the Guarantor or any of its their respective subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder the Guarantor of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 18 contracts

Samples: Terms Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD), Terms Agreement (Chubb LTD)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject hereunder, as to the accuracy Shares to be delivered at each Time of Delivery, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company herein are, at and as of such Time of Delivery, true and correct, the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further additional conditions:

Appears in 17 contracts

Samples: Underwriting Agreement (Silvercrest Asset Management Group Inc.), Underwriting Agreement (Silvercrest Asset Management Group Inc.), Underwriting Agreement (Silvercrest Asset Management Group Inc.)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any each Selling Stockholder delivered pursuant to on the provisions date hereof, to at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company and each Selling Stockholder of each of their respective covenants and other obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Appears in 13 contracts

Samples: Underwriting Agreement (Rubicon Technology, Inc.), Underwriting Agreement (Kaiser Aluminum Corp), Underwriting Agreement (ICF International, Inc.)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders contained herein or in certificates of any officer of on the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions date hereof, to at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company and each of the Selling Stockholder Stockholders of their respective covenants and other its obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Appears in 12 contracts

Samples: Underwriting Agreement (Nuco2 Inc /Fl), Underwriting Agreement (Maidenform Brands, Inc.), Underwriting Agreement (Perini Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Underwritten Securities pursuant to the applicable Terms Agreement are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 10 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Securities are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 10 contracts

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

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder to purchase Underwritten Securities pursuant to the Terms Agreement are subject to the accuracy of the representations and warranties on the part of the Company and herein contained, to the Selling Stockholders contained herein or in certificates of any officer accuracy of the Company or statements of the Company’s officers made in any of its subsidiaries or on behalf of any Selling Stockholder delivered certificate furnished pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective all of its covenants and other obligations hereunder, hereunder and to the following further conditions:

Appears in 10 contracts

Samples: Terms Agreement (Deere John Capital Corp), Terms Agreement (Deere John Capital Corp), Terms Agreement (Deere & Co)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 10 contracts

Samples: Underwriting Agreement (Talmer Bancorp, Inc.), Underwriting Agreement (Talmer Bancorp, Inc.), Purchase Agreement (Iconix Brand Group, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder delivered pursuant to the provisions hereofShareholder, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 7 contracts

Samples: Purchase Agreement (RBC Bearings INC), Purchase Agreement (RBC Bearings INC), Purchase Agreement (RBC Bearings INC)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject hereunder, as to the accuracy Shares to be delivered at each Time of Delivery, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and of the Selling Stockholder herein are, at and as of such Time of Delivery, true and correct, the condition that the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder shall have performed all of their respective covenants and other obligations hereunderhereunder theretofore to be performed, and to the following further additional conditions:

Appears in 7 contracts

Samples: Willdan Group, Inc., Willdan Group, Inc., Telvent Git S A

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Shareholders delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Playa Hotels & Resorts N.V.), Underwriting Agreement (Playa Hotels & Resorts N.V.), Underwriting Agreement (Venator Materials PLC)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

Samples: Purchase Agreement (MSC Industrial Direct Co Inc), Purchase Agreement (Pantry Inc), Purchase Agreement (Pantry Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

Samples: Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Eldorado Bancshares Inc), Purchase Agreement (Prosperity Bancshares Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and Company, the Selling Stockholders Shareholder and NAB contained herein or in certificates of any officer of the Company Company, the Selling Shareholder or any of its subsidiaries NAB, respectively, or on behalf of any the Company, the Selling Stockholder Shareholder or NAB delivered pursuant to the provisions hereof, to the performance by the Company Company, the Selling Shareholder and each Selling Stockholder NAB of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (National Australia Bank LTD), Underwriting Agreement (Great Western Bancorp, Inc.), Underwriting Agreement (National Australia Bank LTD)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

Samples: Purchase Agreement (MF Global Ltd.), Employment Agreement (Lincoln Educational Services Corp), Underwriting Agreement (Pilgrims Pride Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder Underwriter are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Allison Transmission Holdings Inc), Underwriting Agreement (Allison Transmission Holdings Inc), Underwriting Agreement (Allison Transmission Holdings Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Triton International LTD), Underwriting Agreement (Triton International LTD), www.sec.gov

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries the Subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 6 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.), Underwriting Agreement (Outset Medical, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and each other obligations hereunder and the performance by the Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Sterling Bancorp, Inc.), Purchase Agreement (Gsi Commerce Inc), Purchase Agreement (CSK Auto Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any Selling Stockholder or any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Stockholders delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Stockholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (OM Asset Management PLC)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (J.Jill, Inc.), Underwriting Agreement (Phibro Animal Health Corp), Underwriting Agreement (LendingTree, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any of the Selling Stockholder Stockholders delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 5 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (E2open Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Stifel Financial Corp), Purchase Agreement (Istar Financial Inc), Purchase Agreement (Plantronics Inc /Ca/)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or by or on behalf of any the Selling Stockholder Stockholders delivered pursuant to the provisions hereof, to the performance by the Company and each of the Selling Stockholder Stockholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Stockholders delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Stockholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Restoration Hardware Holdings Inc), Underwriting Agreement (Restoration Hardware Holdings Inc), Purchase Agreement (Restoration Hardware Holdings Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to (i) the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to (ii) the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to (iii) the following further conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (Schorsch Nicholas S), Underwriting Agreement (RCS Capital Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject hereunder, as to the accuracy Shares to be delivered at each Time of Delivery, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and of the Selling Stockholders herein are, at and as of such Time of Delivery, true and correct, the condition that the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder shall have performed all of their respective covenants and other obligations hereunderhereunder theretofore to be performed, and to the following further additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Reliv International Inc), Reliv International Inc, Sanfilippo John B & Son Inc

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Gsi Commerce Inc), Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries Subsidiary or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereofhereof as of the Closing Time, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Superior Offshore International Inc.), Purchase Agreement (Superior Offshore International Inc.), Purchase Agreement (Checkfree Holdings Corp \Ga\)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section I hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder in all material respects of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Republic Airways Holdings Inc), Underwriting Agreement (Taylor Capital Group Inc), Underwriting Agreement (Taylor Capital Group Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries on or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Equity One, Inc.), Hecla Mining Co/De/, Sicor Inc

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder in all material respects of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or by or on behalf of any the Selling Stockholder Shareholders delivered pursuant to the provisions hereof, to the performance by the Company and each of the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the respective representations and warranties of the Company and the Selling Stockholders Shareholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (Wright Medical Group N.V.), Purchase Agreement (Tornier N.V.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy accuracy, when made and on each Date of Delivery, of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Grocery Outlet Holding Corp.), Underwriting Agreement (Grocery Outlet Holding Corp.), Underwriting Agreement (Grocery Outlet Holding Corp.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company Transaction Entities or any of its their subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company Transaction Entities and each the Selling Stockholder Stockholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, Inc.), Hudson Pacific Properties, Inc.

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Navteq Corp), Purchase Agreement (Koninklijke Philips Electronics Nv), Purchase Agreement (Fei Co)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in this Agreement or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or signed by or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Lmi Aerospace Inc), Underwriting Agreement (Georesources Inc), Radiation Therapy (Radiation Therapy Services Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their its respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Molina Healthcare Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of all of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholders delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereofof this Section 5, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Sigmatel Inc), Purchase Agreement (Sigmatel Inc), Underwriting Agreement (Psychiatric Solutions Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company Transaction Entities or any of its their subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company Transaction Entities and each the Selling Stockholder Stockholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the each Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or by or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Endurance Specialty Holdings LTD)

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Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject hereunder, as to the accuracy Shares to be delivered at each Time of Delivery, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder herein are, at and as of such Time of Delivery, true and correct, the condition that the Company and each Selling Stockholder shall each have performed all of their respective covenants and other obligations hereunderhereunder theretofore to be performed, and to the following further additional conditions:

Appears in 3 contracts

Samples: Parlex Corp, Cerprobe Corp, Parlex Corp

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 3 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Partnership and the Selling Stockholders Unitholder contained herein or in certificates of any officer of the Company Partnership or any of its subsidiaries or on behalf of any the Selling Stockholder Unitholder delivered pursuant to the provisions hereof, to the performance by the Company Partnership and each the Selling Stockholder Unitholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (World Point Terminals, LP), Underwriting Agreement (World Point Terminals, LP)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Depositary Shares at each Closing Time are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries or on behalf of any Selling Stockholder the Company delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in this Agreement or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or signed by or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Stockholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Carrols Restaurant Group, Inc.), Underwriting Agreement (Milestone AV Technologies, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Stockholders delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company and its Subsidiaries or any officer of its subsidiaries or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its Subsidiaries of its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Macquarie Infrastructure CO LLC), Purchase Agreement (Macquarie Infrastructure Management (USA) INC)

Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy accuracy, when made and on each of the Closing Dates, of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein or in certificates herein, to the accuracy of any officer the statements of the Company or and the Selling Shareholder made in any of its subsidiaries or on behalf of any Selling Stockholder delivered certificates pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to each of the following further additional terms and conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Discovery Partners International Inc), Lions Gate Entertainment Corp /Cn/

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Depositary Shares at the Closing Time are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries or on behalf of any Selling Stockholder the Company delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their its respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Emerald Expositions Events, Inc.), Underwriting Agreement (Emerald Expositions Events, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder(s) contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Bloomin' Brands, Inc.), Bloomin' Brands, Inc.

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the each Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Shareholders delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Keyw Holding Corp), Purchase Agreement (Keyw Holding Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries the Subsidiaries or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Gci Liberty, Inc.), Underwriting Agreement (LendingTree, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholders delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Stock Purchase Agreement (Navteq Corp), Purchase Agreement (Koninklijke Philips Electronics Nv)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder(s) contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Bloomin' Brands, Inc.), Purchase Agreement (Ameresco, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein or in certificates of any officer of the Company or any of its subsidiaries Delek Entities or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Delek US Holdings, Inc., Delek US Holdings, Inc.

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Eastshore Aviation, LLC)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Stockholders delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder and the performance by each of the Selling Stockholder Stockholders of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Company, Xxxxx Dorados B.V. and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company Company, Xxxxx Dorados B.V. and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Arcos Dorados Holdings Inc.), Underwriting Agreement (Arcos Dorados Holdings Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Axonics Modulation Technologies, Inc.), Underwriting Agreement (Green Mountain Coffee Roasters Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereofcontained, to the performance by the Company and each the Selling Stockholder Stockholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (TPG Partners Lp Et Al), Purchase Agreement (America West Airlines Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries Subsidiary or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Oriental Financial Group Inc), Purchase Agreement (Oriental Financial Group Inc)

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company Company, Comtech Global as a selling Stockholder, and the Selling Stockholders contained herein or in certificates of any officer of as a group on the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions date hereof, to at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company and each of the Selling Stockholder Stockholders of their respective covenants and other its obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or of or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholders of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Si International Inc), Underwriting Agreement (Si International Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any and the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of each of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Ingersoll Rand Co), Purchase Agreement (Timken Co)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder in all material respects of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (BOISE CASCADE Co), Underwriting Agreement (BOISE CASCADE Co)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or by or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Odyssey Healthcare Inc), Purchase Agreement (Odyssey Healthcare Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company WhiteHorse Entities and the Selling Stockholders contained herein or in certificates of any officer of the Company WhiteHorse Entities or any of its subsidiaries the Subsidiary or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries on or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Rue21, Inc.), Purchase Agreement (Rue21, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Purple Innovation, Inc.)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are Underwriter to use its reasonable efforts to sell the Common Shares as provided herein shall be subject to the accuracy accuracy, as of the date and hereof, and as of each Closing Date, of the representations and warranties of the Company Fund and the Selling Stockholders Investment Adviser contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereofherein, to the performance by the Company and each Selling Stockholder of them of their respective covenants and other obligations hereunder, hereunder and to the following further additional conditions:

Appears in 2 contracts

Samples: Naic Growth Fund Inc, Naic Growth Fund Inc

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Stockholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any Subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and each other obligations hereunder and the performance by the Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each the Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Regeneron Pharmaceuticals Inc), Regeneron Pharmaceuticals Inc

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or delivered on behalf of any Selling Stockholder delivered Shareholder pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

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

Conditions of Underwriters’ Obligations. The obligations of the Company and the Selling Stockholder hereunder are subject to the condition in paragraph (a) below. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company or on behalf of any the Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Phoenix Companies Inc/De), Purchase Agreement (Hilb Rogal & Hamilton Co /Va/)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or Company, any Subsidiary of its subsidiaries the Company, or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Cross Country Healthcare Inc), Underwriting Agreement (Cross Country Healthcare Inc)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and Alliant and the Selling Stockholders Stockholder contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Alliant and the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder of their respective its covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)

Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders Shareholders contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder Shareholder delivered pursuant to the provisions hereof, to the performance by the Company and each Selling Stockholder Shareholder of their respective covenants and other obligations hereunder, and to the following further conditions:

Appears in 2 contracts

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

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