and the Purchasers Named Therein Sample Clauses

and the Purchasers Named Therein. By execution and delivery of this counterpart signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Registration Rights Agreement dated August 6, 2007 by and among Curis, Inc., a Delaware corporation (the “Company”), and the purchasers named therein, in the form attached hereto as Exhibit A (the “Registration Rights Agreement”), and, in connection therewith, the undersigned (i) agrees to be bound by the terms and conditions of the Registration Rights Agreement as a “Purchaser” thereunder; (ii) acknowledges and agrees that the shares of common stock, $.01 par value per share of the Company (the “Common Stock”), the warrants to purchase shares of Common Stock, and the shares of Common Stock issued or issuable upon exercise of such warrants, purchased by the undersigned pursuant to that certain Common Stock Purchase Agreement dated August 7, 2007 by and between the Company, the undersigned and the other purchasers named therein, shall constitute “Shares,” Warrants” and “Warrant Shares,” respectively, for purposes of the Registration Rights Agreement, subject to all of the terms, conditions, privileges and restrictions on Shares, Warrants and Warrant Shares thereunder, and (iii) authorizes this signature page to be attached to the Registration Rights Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: /s/ Xxxxxxx Xxxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Xxxxxxxx Title: Managing Partner c/o Stephens Investment Management Xxx Xxxxxxx Xx, Xxxxx 0000 Xxx Xxxxxxxxx, XX 00000
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Related to and the Purchasers Named Therein

  • Indemnification of the Company and the Selling Stockholders The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”).

  • THE SELLER AND THE MASTER SERVICER Section 6.01 Liability of the Seller and the Master Servicer............... Section 6.02 Merger or Consolidation of the Seller or the Master Servicer..................................................

  • Representations and Warranties of the Seller and the Purchaser (a) The Seller hereby represents and warrants to the Purchaser as of the date of this Agreement that:

  • Certain Agreements of the Company and the Selling Stockholders The Company agrees with the several Underwriters and the Selling Stockholders that:

  • Representations and Warranties of the Company and the Selling Shareholders (a) The Company represents and warrants to each of the Underwriters as follows: (i) A registration statement on Form S-1 (File No. 333-120615) with respect to the Shares has been prepared by the Company in conformity in all material respects with the requirements of the Securities Act of 1933, as amended (the "Act"), and the rules and regulations (the "Rules and Regulations") of the Securities and Exchange Commission (the "Commission") thereunder and has been filed with the Commission. The Company and the transactions contemplated by this Agreement meet the requirements and comply with the conditions for the use of Form S-1. Copies of such registration statement, including any amendments thereto, the preliminary prospectuses (meeting in all material respects, at the time of filing thereof, the requirements of the Rules and Regulations) contained therein and the exhibits and financial statements thereto, as finally amended and revised, have heretofore been delivered by the Company to you. Such registration statement, together with any registration statement filed by the Company pursuant to Rule 462(b) of the Act, is herein referred to as the "Registration Statement," which shall be deemed to include all information omitted therefrom in reliance upon Rule 430A and contained in the Prospectus referred to below, has become effective under the Act and no post-effective amendment to the Registration Statement has been filed as of the date of this Agreement. "Prospectus" means the form of prospectus first filed with the Commission pursuant to Rule 424(b). Each preliminary prospectus included in the Registration Statement prior to the time it becomes effective is herein referred to as a "Preliminary Prospectus." Any reference herein to the Registration Statement, any Preliminary Prospectus or to the Prospectus or to any amendment or supplement to any of the foregoing documents shall be deemed to refer to and include any supplements or amendments thereto, filed with the Commission after the date of filing of the Prospectus under Rules 424(b) or 430A, and prior to the termination of the offering of the Shares by the Underwriters.

  • Representations and Warranties of the Company and the Selling Stockholders (a) The Company represents and warrants to, and agrees with, the several Underwriters that:

  • SELLERS 20 The member states initially anticipate that they will provide a monetary allowance to sellers 21 under Model 2 based on the following:

  • Representations and Warranties of the Company and the Operating Partnership The Company and the Operating Partnership hereby jointly and severally represent, warrant and covenant to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

  • REPRESENTATIONS AND WARRANTIES OF SELLER AND THE COMPANY Seller and the Company jointly and severally represent and warrant to the Purchaser that:

  • Covenants of the Company and the Selling Shareholders The Company covenants with each Underwriter as follows:

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