Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 891 contracts
Samples: Underwriting Agreement (Wing Yip Food Holdings Group LTD), Underwriting Agreement (Scorpius Holdings, Inc.), Underwriting Agreement (Scorpius Holdings, Inc.)
Representations and Warranties of the Company. The Company represents hereby represents, warrants and warrants covenants to the Underwriters as of the Applicable Time (as defined below)each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of the each Option Closing DateDate (as hereinafter defined), if any, as follows:
Appears in 390 contracts
Samples: Underwriting Agreement (Telix Pharmaceuticals LTD), Underwriting Agreement (Adicet Bio, Inc.), Underwriting Agreement (Esperion Therapeutics, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 279 contracts
Samples: Underwriting Agreement (SeqLL, Inc.), Underwriting Agreement (Lafayette Energy Corp.), Underwriting Agreement (ClearSign Technologies Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Firm Shares Closing Date and as of the each Option Shares Closing Date, Date (if any), as follows:
Appears in 175 contracts
Samples: Underwriting Agreement (Transcat Inc), Underwriting Agreement (MediWound Ltd.), Underwriting Agreement (Modular Medical, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time Time, the First Closing Date (as defined below), as of the hereinafter defined) and each Option Closing Date and (as of the Option Closing Datehereinafter defined), if any, as follows:
Appears in 74 contracts
Samples: Underwriting Agreement (Volitionrx LTD), Underwriting Agreement (Ocugen, Inc.), Lock Up Agreement (iBio, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 59 contracts
Samples: Underwriting Agreement (Rectitude Holdings Ltd.), Underwriting Agreement (C3is Inc.), Underwriting Agreement (mF International LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 50 contracts
Samples: Underwriting Agreement (EShallGo Inc.), Underwriting Agreement (Vittoria LTD), Underwriting Agreement (Epsium Enterprise LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in this offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 47 contracts
Samples: Underwriting Agreement (WORK Medical Technology Group LTD), Underwriting Agreement (Xuhang Holdings LTD), Underwriting Agreement (J-Long Group LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 34 contracts
Samples: Underwriting Agreement (BloomZ Inc.), Underwriting Agreement (BloomZ Inc.), Underwriting Agreement (Prestige Wealth Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in the Offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 31 contracts
Samples: Underwriting Agreement (Armlogi Holding Corp.), Underwriting Agreement (Armlogi Holding Corp.), Underwriting Agreement (U-Bx Technology Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter, as of the Applicable Time (as defined below)date hereof, as of the Closing Date and as of the each Option Closing Date, Date (if any), as follows:
Appears in 29 contracts
Samples: Underwriting Agreement (Adcare Health Systems Inc), Underwriting Agreement (Sand Hill It Security Acquisition Corp), Underwriting Agreement (Tri-S Security Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date and (as of the Option Closing Date, if any, defined below) as follows:
Appears in 27 contracts
Samples: Underwriting Agreement (Welltower Inc.), Underwriting Agreement (Welltower Inc.), Underwriting Agreement (Welltower Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in this Offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 27 contracts
Samples: Underwriting Agreement (Agape ATP Corp), Underwriting Agreement (Agape ATP Corp), Underwriting Agreement (YanGuFang International Group Co., LTD)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the date hereof, the Applicable Time (as defined below)Time, as of the Closing Date (as hereinafter defined) and any Additional Closing Date (as of the Option Closing Date, if any, as followshereinafter defined) that:
Appears in 27 contracts
Samples: Underwriting Agreement (Soleno Therapeutics Inc), Underwriting Agreement (Soleno Therapeutics Inc), Underwriting Agreement (Ani Pharmaceuticals Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 26 contracts
Samples: Underwriting Agreement (NXT-Id, Inc.), Underwriting Agreement (NXT-Id, Inc.), Underwriting Agreement (Eco Wave Power Global AB (Publ))
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in the Offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 26 contracts
Samples: Underwriting Agreement (New Century Logistics (BVI) LTD), Underwriting Agreement (Global Engine Group Holding LTD), Underwriting Agreement (Global Engine Group Holding LTD)
Representations and Warranties of the Company. The Company Company, represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 24 contracts
Samples: Underwriting Agreement (EVmo, Inc.), Underwriting Agreement (EVmo, Inc.), Underwriting Agreement (Versus Systems Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 24 contracts
Samples: Underwriting Agreement (SurgePays, Inc.), Underwriting Agreement (LQR House Inc.), Underwriting Agreement (LQR House Inc.)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date (as hereinafter defined) and as of the each Option Closing DateDate (as hereinafter defined), if any, as follows:
Appears in 24 contracts
Samples: Warrant Agreement (Amdiv Com Inc), Underwriting Agreement (Sma Real Time Inc), Underwriting Agreement (Town Pages Holdings PLC)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable date hereof, the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any), as followsand agrees with each Underwriter, that:
Appears in 22 contracts
Samples: Underwriting Agreement (ConnectOne Bancorp, Inc.), Underwriting Agreement (Legacy Housing Corp), Underwriting Agreement (Customers Bancorp, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 18 contracts
Samples: Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Flewber Global Inc.), Underwriting Agreement (Flewber Global Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 17 contracts
Samples: Underwriting Agreement (Lead Real Estate Co., LTD), Underwriting Agreement (Lead Real Estate Co., LTD), Underwriting Agreement (Lead Real Estate Co., LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter, as of the Applicable Time date hereof and as of the Closing Date (as defined below), as of and agrees with the Closing Date and as of the Option Closing DateUnderwriter, if any, as followsthat:
Appears in 17 contracts
Samples: Underwriting Agreement (Calyxt, Inc.), Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (ClearSign Technologies Corp)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date (hereinafter defined) and as of the Option Closing DateDate (hereinafter defined), if any, as follows:
Appears in 17 contracts
Samples: Underwriting Agreement (B2bstores Com Inc), Underwriting Agreement (Spectrascience Inc), Underwriting Agreement (B2bstores Com Inc)
Representations and Warranties of the Company. The Company represents and warrants to As of the Underwriters date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date (as defined below) the Company represents and as of warrants to, and agrees with, the Option Closing Date, if any, as followsseveral Underwriters that:
Appears in 15 contracts
Samples: Underwriting Agreement (Duke Energy Florida, Llc.), Underwriting Agreement (Duke Energy Progress, Llc.), Underwriting Agreement (Piedmont Natural Gas Co Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if anyas follows (unless otherwise indicated, as follows:all references to the Company in this Section 2 shall refer to the Company, its subsidiaries and its variable interest entities):
Appears in 14 contracts
Samples: Underwriting Agreement (Guardion Health Sciences, Inc.), Underwriting Agreement (Guardion Health Sciences, Inc.), Underwriting Agreement (Guardion Health Sciences, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 14 contracts
Samples: Underwriting Agreement (Chemomab Therapeutics Ltd.), Underwriting Agreement (Chemomab Therapeutics Ltd.), Underwriting Agreement (Ayala Pharmaceuticals, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 14 contracts
Samples: Underwriting Agreement (U.S. GoldMining Inc.), Underwriting Agreement (U.S. GoldMining Inc.), Underwriting Agreement (BIT ORIGIN LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Trident Digital Tech Holdings Ltd.), Underwriting Agreement (Leaping Group Co., Ltd.), Underwriting Agreement (Leaping Group Co., Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to and agrees with each of the Underwriters Underwriters, as of the date hereof, the Applicable Time (as defined below), as of ) and the Closing Date and as of the Option Closing Date, if anyTime referred to in Section 2(b) hereof, as follows:
Appears in 12 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Main Street Capital CORP)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), Execution Date and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 12 contracts
Samples: Underwriting Agreement (XCel Brands, Inc.), Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 11 contracts
Samples: Underwriting Agreement (Scorpius Holdings, Inc.), Underwriting Agreement (Evoke Pharma Inc), Underwriting Agreement (Evoke Pharma Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 11 contracts
Samples: Underwriting Agreement (SMX (Security Matters) Public LTD Co), Underwriting Agreement (SMX (Security Matters) Public LTD Co), Underwriting Agreement (SMX (Security Matters) Public LTD Co)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Gain Therapeutics, Inc.), Underwriting Agreement (Modular Medical, Inc.), Underwriting Agreement (Modular Medical, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Firm Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 10 contracts
Samples: Letter Agreement (Aptose Biosciences Inc.), Underwriting Agreement (Meta Materials Inc.), Underwriting Agreement (Aptose Biosciences Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as followsthat:
Appears in 9 contracts
Samples: Underwriting Agreement (Sanofi), Underwriting Agreement (Sanofi), Underwriting Agreement (Sanofi)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the each Option Closing Date, if any, as follows:follows (unless otherwise indicated, all references to the Company in this Section 2 shall refer to the Company and its subsidiaries):
Appears in 9 contracts
Samples: Underwriting Agreement (Heart Test Laboratories, Inc.), Underwriting Agreement (Creatd, Inc.), Underwriting Agreement (Inspira Technologies OXY B.H.N. LTD)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as of the Applicable date hereof, the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any), as followsand agrees with each Underwriter, that:
Appears in 9 contracts
Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Synergy CHC Corp.)
Representations and Warranties of the Company. The Company represents and warrants to and agrees with each of the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date and as of the any Option Closing Date, (as defined in Subsection 2 (c) hereof), if any, as follows:
Appears in 9 contracts
Samples: Underwriting Agreement (Western Country Clubs Inc), Karts International Inc, Rosedale Decorative Products LTD
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:: .
Appears in 8 contracts
Samples: Underwriting Agreement (Selway Capital Acquisition Corp.), Underwriting Agreement (Selway Capital Acquisition Corp.), Underwriting Agreement (Selway Capital Acquisition Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time (as defined below), as of and the Closing Date (as hereinafter defined) and as of the each Option Closing Date, if any, Date (as hereinafter defined) as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Opgen Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Date Date, and as of the Option Closing Date, if any, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Zhong Yuan Bio-Technology Holdings LTD), Underwriting Agreement (Zhong Yuan Bio-Technology Holdings LTD), Underwriting Agreement (CW Petroleum Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Coya Therapeutics, Inc.), Underwriting Agreement (Journey Medical Corp), Underwriting Agreement (Journey Medical Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), as of the Closing Date and as of the Option Closing Date, if anyagrees with each Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Kayne Anderson BDC, Inc.), Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Morgan Stanley Direct Lending Fund)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), as of the Closing Execution Date and as of the Option Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Chicken Soup for the Soul Entertainment, Inc.), Underwriting Agreement (Cleanspark, Inc.), Underwriting Agreement (Cellectar Biosciences, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (American Resources Corp), Underwriting Agreement (Taronis Technologies, Inc.), Underwriting Agreement (Milestone Scientific Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), and as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (China Healthcare Acquisition Corp.), Underwriting Agreement (Crossfire Capital Corp.), Underwriting Agreement (Phoenix India Acquisition Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (SciSparc Ltd.), Underwriting Agreement (PolyPid Ltd.), Underwriting Agreement (Volitionrx LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable date hereof, as of the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any), as followsand agrees with each Underwriter, that:
Appears in 7 contracts
Samples: Underwriting Agreement (Madison Square Capital, Inc.), Underwriting Agreement (Patriot Risk Management, Inc.), Underwriting Agreement (Madison Square Capital, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the Option each Over-Allotment Closing Date, if any, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Tantech Holdings LTD), Underwriting Agreement (Greenland Technologies Holding Corp.), Underwriting Agreement (Meten EdtechX Education Group Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)date hereof, as of the Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Hall of Fame Resort & Entertainment Co), Underwriting Agreement (Esports Entertainment Group, Inc.), Underwriting Agreement (Esports Entertainment Group, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Closing Date Time referred to in Section 2(b) hereof, and as of the Option Closing Date, if anyagrees with each Underwriter, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Questar Corp), Purchase Agreement (Questar Pipeline Co), Purchase Agreement (Questar Pipeline Co)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (PARETEUM Corp), Underwriting Agreement (PARETEUM Corp), Underwriting Agreement (NanoVibronix, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date hereof, the Applicable Time (as defined below)Time, as of the Closing Time and any Date and as of the Option Closing Date, if any, as followsDelivery that:
Appears in 6 contracts
Samples: Underwriting Agreement (Hudson Technologies Inc /Ny), Underwriting Agreement (Synthetic Biologics, Inc.), Underwriting Agreement (Synthetic Biologics, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below)date hereof, as of the Securities Closing Date and as of the each Option Securities Closing Date, Date (if any), as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Kaival Brands Innovations Group, Inc.), Underwriting Agreement (Applied Dna Sciences Inc), Underwriting Agreement (Milestone Scientific Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date Date, and as of the each Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Lock Up Agreement (Poet Technologies Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (InterAmerican Acquisition Group Inc), Underwriting Agreement (InterAmerican Acquisition Group Inc), Underwriting Agreement (InterAmerican Acquisition Group Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), and as of the Closing Date and as of the each Option Closing Date, if any, as follows:follows (unless otherwise indicated, and all references to the Company in this Section 2 shall refer to the Company and its subsidiaries):
Appears in 5 contracts
Samples: Underwriting Agreement (BriaCell Therapeutics Corp.), Underwriting Agreement (BriaCell Therapeutics Corp.), Underwriting Agreement (BriaCell Therapeutics Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below)date hereof, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Agile Therapeutics Inc), Underwriting Agreement (Celsion CORP), Underwriting Agreement (Valeritas Holdings Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Zhong Yuan Bio-Technology Holdings LTD), Underwriting Agreement (Kaspien Holdings Inc.), Underwriting Agreement (Hepion Pharmaceuticals, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Underwriters as of the date hereof, the Applicable Time (as defined below)Time, as of the Closing Date (as hereinafter defined) and the Additional Closing Date (as of the Option Closing Date, if any, as followshereinafter defined) that:
Appears in 5 contracts
Samples: Underwriting Agreement (Kindred Biosciences, Inc.), Underwriting Agreement (Kindred Biosciences, Inc.), Underwriting Agreement (Ani Pharmaceuticals Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Date, or any Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Arch Therapeutics, Inc.), Underwriting Agreement (Arch Therapeutics, Inc.), Underwriting Agreement (Data443 Risk Mitigation, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as followsthat:
Appears in 5 contracts
Samples: Underwriting Agreement (Honeywell International Inc), Endurance Specialty Holdings LTD, Wrigley Wm Jr Co
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Aileron Therapeutics, Inc.), Underwriting Agreement (Societal CDMO, Inc.), T2 Biosystems, Inc.
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters and agrees with each Underwriter as of the Applicable date hereof, as of the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing Date, Time (if any, as follows) that:
Appears in 5 contracts
Samples: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:follows (unless otherwise indicated, all references to the Company in this Section 2 shall refer to the Company, its subsidiaries and its variable interest entity through which it conducts its operations in the PRC):
Appears in 5 contracts
Samples: Underwriting Agreement (Addentax Group Corp.), Underwriting Agreement (Addentax Group Corp.), Underwriting Agreement (Goxus, Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), Representation Date and as of the Closing Date and as of the Option Closing Date, if any, as followsthat:
Appears in 5 contracts
Samples: Underwriting Agreement (Service Corporation International), Underwriting Agreement (Service Corporation International), Underwriting Agreement (Service Corporation International)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date Date, and as of the Option Closing Date, if anyrespectively, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (HiTek Global Inc.), Underwriting Agreement (Puhui Wealth Investment Management Co., Ltd.), Underwriting Agreement (SSLJ. COM LTD)
Representations and Warranties of the Company. The Company represents and warrants to As of the Underwriters date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date the Company represents and as of warrants to, and agrees with, the Option Closing Date, if any, as followsseveral Underwriters that:
Appears in 4 contracts
Samples: Underwriting Agreement (Duke Energy Ohio, Inc.), Underwriting Agreement (Duke Energy Ohio, Inc.), Underwriting Agreement (Duke Energy Indiana, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)date hereof, as of the Closing Date Time of Sale (as defined in the Price Determination Agreement) and as of the Option Closing Date, and, if anyapplicable, as followsof each Delivery Date, and covenants with the Underwriters, that:
Appears in 4 contracts
Samples: Underwriting Agreement (Qwest Corp), Underwriting Agreement (Qwest Corp), Underwriting Agreement (Qwest Corp)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the First Closing Date and as of the each Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (SU Group Holdings LTD), Underwriting Agreement (SU Group Holdings LTD), Underwriting Agreement (SU Group Holdings LTD)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), date hereof and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (VistaGen Therapeutics, Inc.), Underwriting Agreement (Galena Biopharma, Inc.), Underwriting Agreement (Arena Pharmaceuticals Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters several Underwriters, as of the Applicable Time (as defined below), as of the Closing Date and as of the any Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Underwriting Agreement (BioLineRx Ltd.), Underwriting Agreement (BioLineRx Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Effective Time, as of the Closing Date and as of and, if applicable, the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (PetroShare Corp.), Underwriting Agreement (PetroShare Corp.), Underwriting Agreement (PetroShare Corp.)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, the Underwriters Underwriter as of the Applicable Time (as defined below)date hereof, and as of the Closing Date (hereinafter defined) and as of the Option Closing DateDate (hereinafter defined), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Dynamic International LTD), Underwriting Agreement (Dynamic International LTD), Omnicorder Technologies Inc
Representations and Warranties of the Company. The Company represents and warrants to As of the Underwriters date hereof, as of the Applicable Time (as defined below), ) and as of the Closing Date (as defined below), the Company represents and as of warrants to, and agrees with, the Option Closing Date, if any, as followsseveral Underwriters that:
Appears in 4 contracts
Samples: Underwriting Agreement (Duke Energy Indiana, LLC), Duke Energy Ohio (Duke Energy Ohio, Inc.), Underwriting Agreement (Duke Energy Ohio, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time Time, the First Closing Date (as defined below), as of the Closing Date hereinafter defined) and as of the Option Closing DateDate (as hereinafter defined), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as of the date hereof, the Applicable Time and the Closing Time (as defined below), as ) and agrees with each of the Closing Date and as of the Option Closing Date, if any, Underwriters as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Colfax CORP), Underwriting Agreement (Colfax CORP), Underwriting Agreement (BDT Capital Partners, LLC)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as follows with the understanding that the same may be relied upon by the Underwriter in this offering, as of the Applicable Time date hereof and as of the Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Magic Empire Global LTD), Underwriting Agreement (Chanson International Holding), Underwriting Agreement (Chanson International Holding)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), ) and as of the Closing Date and as of the each Option Closing Date, if any, as followsfollows (unless otherwise indicated, all references to the Company in this Section 2 shall refer to the Company and its subsidiaries:
Appears in 4 contracts
Samples: Underwriting Agreement (Electrameccanica Vehicles Corp.), Underwriting Agreement (Electrameccanica Vehicles Corp.), Underwriting Agreement (Electrameccanica Vehicles Corp.)
Representations and Warranties of the Company. The Company hereby represents and warrants to the Underwriters as of the Applicable Time (as defined below)date hereof, and as of the Closing Date and as of the Option Closing Date, if any, except as set out in the Registration Statement as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Akerna Corp.), Underwriting Agreement (Akerna Corp.), Underwriting Agreement (Advaxis, Inc.)
Representations and Warranties of the Company. The Company represents represents, warrants and warrants covenants to the Underwriters several Underwriters, as of the Applicable Time (as defined below), as of the Closing Date and as of the any Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Belite Bio, Inc), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Lock Up Agreement (BiondVax Pharmaceuticals Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable date hereof, the Initial Sale Time (as defined below), as of the Closing Date Time and as of the any Option Closing DateTime (if applicable), if anyand agrees with each Underwriter, as followsthat:
Appears in 3 contracts
Samples: Underwriting Agreement (Goldleaf Financial Solutions Inc.), Underwriting Agreement (Cadence Financial Corp), Underwriting Agreement (Goldleaf Financial Solutions Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, the Applicable Time Time, the First Closing Date (as defined below) and each Option Closing Date (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Veru Inc.), Underwriting Agreement (Veru Inc.), Underwriting Agreement (Veru Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Intelligent Group LTD), Underwriting Agreement (Majestic Ideal Holdings LTD), Underwriting Agreement (Intelligent Group LTD)
Representations and Warranties of the Company. The Company hereby represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Time, as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Photomedex Inc), Underwriting Agreement (Photomedex Inc), Underwriting Agreement (Photomedex Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below), Underwriter as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Jerash Holdings (US), Inc.), Underwriting Agreement (Jerash Holdings (US), Inc.), Underwriting Agreement (Jerash Holdings (US), Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)each Underwriter, as of the Closing Date date hereof and as of the Option Closing Date, if any, as followsthat:
Appears in 3 contracts
Samples: Underwriting Agreement (Ati Inc), Underwriting Agreement (Allegheny Technologies Inc), Allegheny Technologies Inc
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as follows with the understanding that the same may be relied upon by the Underwriters in this Offering, as of the Applicable Time (as defined below), date hereof and as of the Closing Date and (as of the Option Closing Date, if any, as follows:defined below):
Appears in 3 contracts
Samples: Underwriting Agreement (Primega Group Holdings LTD), Underwriting Agreement (Akanda Corp.), Underwriting Agreement (Akanda Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), date hereof and as of the Firm Securities Closing Date and as of the each Option Securities Closing Date, Date (if any, ) as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Ensysce Biosciences, Inc.), Underwriting Agreement (Ensysce Biosciences, Inc.), Underwriting Agreement (Ensysce Biosciences, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter that, as of the Applicable Time (as defined below), hereinafter defined) and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Microvision Inc), Underwriting Agreement (Microvision Inc), Underwriting Agreement (Medicinova Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the each Option Closing Date, if any, Date as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Workhorse Group Inc.), Underwriting Agreement (RumbleON, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Underwriters as of the Applicable Time (as defined below), date of execution of the Terms Agreement and as of the Closing Date and as of the Option Closing Date, if any, as followsthat:
Appears in 3 contracts
Samples: Underwriting Agreement (Universal Corp /Va/), Underwriting Agreement (Universal Corp /Va/), Underwriting Agreement (Universal Corp /Va/)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters Underwriters, the Forward Seller and the Forward Counterparty, as of the Applicable Time (as defined below)date hereof, as of the Closing Date Time and as of the Option Closing Date, if any, as followsany Date of Delivery that:
Appears in 3 contracts
Samples: Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (American Equity Investment Life Holding Co)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters as of the Applicable Time (as defined below)Execution Date, and as of the Closing Date and as of the Option Closing Date, if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (Nuvve Holding Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the several Underwriters as of the date hereof, the Applicable Time Time, the Closing Date (as defined below) and any settlement date (as defined below), as of and agrees with the Closing Date and as of the Option Closing Date, if any, as followsseveral Underwriters that:
Appears in 2 contracts
Samples: Underwriting Agreement (Crixus BH3 Acquisition Co), Underwriting Agreement (Crixus BH3 Acquisition Corp.)
Representations and Warranties of the Company. The Company represents and warrants to the Underwriters each Underwriter as of the Applicable Time (as defined below), as of the Closing Date and as of the Option Additional Closing Date, if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (Applied UV, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to the several Underwriters as of the Applicable Time (as defined below)date hereof, as of the Closing Date Time of Sale and as of the Option Closing Date, and if anyapplicable, as followsof each Delivery Date, and covenants with the several Underwriters, that:
Appears in 2 contracts
Samples: Underwriting Agreement (Qwest Communications International Inc), Underwriting Agreement (Qwest Communications International Inc)
