Common use of Accountants’ Letter Clause in Contracts

Accountants’ Letter. If the Investor proposes to engage in an underwritten offering, the Company shall deliver to the Investor, at the Company’s expense, a letter dated as of the effective date of each Registration Statement or Post-Effective Amendment thereto, from the independent public accountants retained by the Company, addressed to the underwriters and to the Investor, in form and substance as is customarily given in an underwritten public offering, provided that such seller has made such representations and furnished such undertakings as the independent public accountants may reasonably require;

Appears in 5 contracts

Samples: Note Purchase Agreement (Energy Focus, Inc/De), Note Purchase Agreement (Energy Focus, Inc/De), Warrant Acquisition Agreement (Energy Focus, Inc/De)

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Accountants’ Letter. If the Investor proposes to engage in an underwritten offeringoffering of any Registrable Shares, the Company shall deliver to the Investor, at the Company’s expense, a letter dated as of the effective date of each Registration Statement or Post-Effective Amendment thereto, from the independent public accountants retained by the Company, addressed to the underwriters and to the Investor, in form and substance as is customarily given in an underwritten public offering, provided that such seller the Investor has made such representations and furnished such undertakings as the independent public accountants may reasonably require;

Appears in 4 contracts

Samples: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Axion Power International, Inc.)

Accountants’ Letter. If the Investor proposes to engage in an underwritten offering, the Company shall deliver to the Investor, at the Company’s expense, a letter dated as of the effective date of each Registration Statement or Post-Effective Amendment thereto, from the independent public accountants retained by the Company, addressed to the underwriters and to the InvestorInvestors, in form and substance as is customarily given in an underwritten public offering, provided that such seller has made such representations and furnished such undertakings as the independent public accountants may reasonably require;.

Appears in 1 contract

Samples: Securities Purchase Agreement (Energy Focus, Inc/De)

Accountants’ Letter. If the Investor Investors proposes to engage in an underwritten offering, the Company shall deliver to the InvestorInvestors, at the Company’s expense, a letter dated as of the effective date of each Registration Statement or Post-Effective Amendment thereto, from the independent public accountants retained by the Company, addressed to the underwriters and to the InvestorInvestors, in form and substance as is customarily given in an underwritten public offering, provided that such seller has made such representations and furnished such undertakings as the independent public accountants may reasonably require;.

Appears in 1 contract

Samples: Note Purchase Agreement (Energy Focus, Inc/De)

Accountants’ Letter. If the Investor proposes to engage in an underwritten offering, the Company shall deliver to the Investor, at the Company’s expense, a letter dated as of the effective date of each Registration Statement or Post-Effective Amendment thereto, from the independent public accountants retained by the Company, addressed to the underwriters and to the InvestorInvestors, in form and substance as is customarily given in an underwritten public offering, provided that such seller has made such representations and furnished such undertakings as the independent public accountants may reasonably require;

Appears in 1 contract

Samples: Securities Purchase Agreement (Energy Focus, Inc/De)

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Accountants’ Letter. If the Investor proposes Investors propose to engage in an underwritten offering, the Company shall deliver to the InvestorInvestors, at the Company’s expense, a letter dated as of the effective date of each Registration Statement or Post-Effective Amendment thereto, from the independent public accountants retained by the Company, addressed to the underwriters and to the InvestorInvestors, in form and substance as is customarily given in an underwritten public offering, provided that such seller has made such representations and furnished such undertakings as the independent public accountants may reasonably require;

Appears in 1 contract

Samples: Warrant Acquisition Agreement (Energy Focus, Inc/De)

Accountants’ Letter. If the Investor proposes Investors propose to engage in an underwritten offeringoffering of any Registrable Shares, the Company shall deliver to the InvestorInvestors, at the Company’s expense, a letter dated as of the effective date of each Registration Statement or Post-Effective Amendment thereto, from the independent public accountants retained by the Company, addressed to the underwriters and to the Investor, in form and substance as is customarily given in an underwritten public offering, provided that such seller the Investor has made such representations and furnished such undertakings as the independent public accountants may reasonably require;

Appears in 1 contract

Samples: Securities Purchase Agreement (Thermoenergy Corp)

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