Common use of Arms’ Length Negotiations Clause in Contracts

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 163 contracts

Samples: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (VMG Consumer Acquisition Corp.), Underwriting Agreement (VMG Consumer Acquisition Corp.)

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Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 97 contracts

Samples: Underwriting Agreement (Social Capital Hedosophia Holdings Corp. IV), Underwriting Agreement (Social Capital Hedosophia Holdings Corp. VI), Underwriting Agreement (Tiga Acquisition Corp. II)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by Company and the Company Selling Stockholders following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 34 contracts

Samples: Underwriting Agreement (Magnolia Oil & Gas Corp), Underwriting Agreement (CURO Group Holdings Corp.), Underwriting Agreement (CURO Group Holdings Corp.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Stockholders following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 34 contracts

Samples: Underwriting Agreement (Evoqua Water Technologies Corp.), Underwriting Agreement (International Money Express, Inc.), Underwriting Agreement (Evoqua Water Technologies Corp.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 26 contracts

Samples: Underwriting Agreement (JAWS Spitfire Acquisition Corp), Underwriting Agreement (Jaws Juggernaut Acquisition Corp), Underwriting Agreement (Osprey Technology Acquisition Corp. II)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 22 contracts

Samples: Underwriting Agreement (BKV Corp), Underwriting Agreement (BKV Corp), Underwriting Agreement (BKV Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 22 contracts

Samples: Underwriting Agreement (Crixus BH3 Acquisition Co), Underwriting Agreement (Crixus BH3 Acquisition Corp.), Underwriting Agreement (AEA-Bridges Impact Corp.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 22 contracts

Samples: Underwriting Agreement (JinkoSolar Holding Co., Ltd.), Lock Up Agreement (New Media Investment Group Inc.), Underwriting Agreement (JinkoSolar Holding Co., Ltd.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriter and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 20 contracts

Samples: Underwriting Agreement (B Capital Technology Opportunities Corp.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 16 contracts

Samples: Underwriting Agreement (DDC Enterprise LTD), Underwriting Agreement (DDC Enterprise LTD), Underwriting Agreement (DDC Enterprise LTD)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 15 contracts

Samples: Underwriting Agreement (Ramaco Resources, Inc.), Underwriting Agreement (Ramaco Resources, Inc.), Underwriting Agreement (Adcare Health Systems, Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 14 contracts

Samples: Underwriting Agreement (GO Acquisition Corp.), Underwriting Agreement (Infinite Acquisition Corp.), Underwriting Agreement (Tellurian Inc. /De/)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 12 contracts

Samples: Underwriting Agreement (Investcorp Credit Management BDC, Inc.), Underwriting Agreement (Hercules Capital, Inc.), Underwriting Agreement (CM Finance Inc)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-arm’s length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 12 contracts

Samples: Underwriting Agreement (Adagene Inc.), Underwriting Agreement (QuantaSing Group LTD), Underwriting Agreement (QUHUO LTD)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by Company and the Company Selling Stockholders following discussions and arms-length negotiations with the Representatives Representative and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 12 contracts

Samples: Underwriting Agreement (Magnolia Oil & Gas Corp), Underwriting Agreement (Magnolia Oil & Gas Corp), Underwriting Agreement (Magnolia Oil & Gas Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 12 contracts

Samples: Underwriting Agreement (American Tower Corp /Ma/), Underwriting Agreement (Analog Devices Inc), Underwriting Agreement (American Tower Corp /Ma/)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length arms’-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 11 contracts

Samples: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Mosaic Co), Underwriting Agreement (Black Hills Corp /Sd/)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantor following discussions and arms-length negotiations with the Representatives Representatives, and the Company is and the Guarantor are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 11 contracts

Samples: Underwriting Agreement (Aon PLC), Underwriting Agreement (Aon PLC), Underwriting Agreement

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Sales Manager and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 11 contracts

Samples: Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 11 contracts

Samples: Underwriting Agreement (Intellia Therapeutics, Inc.), Underwriting Agreement (Intellia Therapeutics, Inc.), Underwriting Agreement (Spinal Elements Holdings, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 10 contracts

Samples: Underwriting Agreement (Aspirational Consumer Lifestyle Corp. II), Underwriting Agreement (World Quantum Growth Acquisition Corp.), Underwriting Agreement (World Quantum Growth Acquisition Corp.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and armsarm’s-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 10 contracts

Samples: Paying Agency Agreement (Global Payments Inc), Underwriting Agreement (Global Payments Inc), Underwriting Agreement (New Frontier Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 10 contracts

Samples: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (Entasis Therapeutics Holdings Inc.), Underwriting Agreement (Uxin LTD)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 10 contracts

Samples: Underwriting Agreement (Investcorp Credit Management BDC, Inc.), Underwriting Agreement (Magnum Hunter Resources Corp), Underwriting Agreement (Miller Energy Resources, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by Company and the Company Selling Stockholder following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Stockholder are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 9 contracts

Samples: Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (Builders FirstSource, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 9 contracts

Samples: Underwriting Agreement (Kosmos Energy Ltd.), Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Gulfport Energy Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company Company, the Operating Partnership or the Manager is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 9 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Stockholders following discussions and arms-length negotiations with the Representatives Representatives, and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 9 contracts

Samples: Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (First Bancorp /Pr/)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is and the Manager are capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 9 contracts

Samples: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is or the Operating Partnership are capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 8 contracts

Samples: Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is Transaction Entities and Manager are capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 8 contracts

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company is Company, the Operating Partnership or the Manager capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 7 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 7 contracts

Samples: Underwriting Agreement (Organogenesis Holdings Inc.), Underwriting Agreement (Organogenesis Holdings Inc.), Underwriting Agreement (Wageworks, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 7 contracts

Samples: Underwriting Agreement (JIADE LTD), Underwriting Agreement (U Power LTD), Underwriting Agreement (U Power LTD)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 7 contracts

Samples: Underwriting Agreement (Hercules Capital, Inc.), Underwriting Agreement (Corvus Pharmaceuticals, Inc.), Underwriting Agreement (Hercules Capital, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 7 contracts

Samples: Underwriting Agreement (HireRight Holdings Corp), Underwriting Agreement (FREYR Battery), Underwriting Agreement (CURO Group Holdings Corp.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 7 contracts

Samples: Underwriting Agreement (Dingdong (Cayman) LTD), Underwriting Agreement (Agora, Inc.), Underwriting Agreement (Burning Rock Biotech LTD)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 7 contracts

Samples: Underwriting Agreement (Hercules Technology Growth Capital Inc), Underwriting Agreement (Hercules Technology Growth Capital Inc), Underwriting Agreement (Hercules Technology Growth Capital Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-arm’s length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 6 contracts

Samples: Underwriting Agreement (AP Acquisition Corp), Underwriting Agreement (AP Acquisition Corp), Underwriting Agreement (Virgin Group Acquisition Corp. III)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by Company and the Company Selling Stockholders following discussions and arms-length negotiations with the Representatives Underwriter and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 6 contracts

Samples: Underwriting Agreement (William Lyon Homes), Underwriting Agreement (Adecoagro S.A.), Underwriting Agreement (Douglas Dynamics, Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Stockholders following discussions and armsarm’s-length negotiations with the Representatives and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (Quality Distribution Inc), Underwriting Agreement (Fairway Group Holdings Corp), Underwriting Agreement (Quality Distribution Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement and the Final Prospectus was established by the Company following discussions and arms-length negotiations with the Representatives Underwriter and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (CVD Equipment Corp), LGL Group Inc, AspenBio Pharma, Inc.

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Transaction Entities following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is Transaction Entities are capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (Postal Realty Trust, Inc.), Underwriting Agreement (Postal Realty Trust, Inc.), Underwriting Agreement (Postal Realty Trust, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Shareholders following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Shareholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (Intercorp Financial Services Inc.), Underwriting Agreement (Intercorp Financial Services Inc.), Underwriting Agreement (Triple-S Management Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-arm’s length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this AgreementAgreement and the Indenture;

Appears in 5 contracts

Samples: Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and armsarm’s-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (Chenghe Acquisition Co.), Underwriting Agreement (Chenghe Acquisition Co.), Underwriting Agreement (Chenghe Acquisition Co.)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Manager and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Equity Distribution Agreement (Daxor Corp), Distribution Agency Agreement (Western Alliance Bancorporation), Distribution Agency Agreement (Western Alliance Bancorporation)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Stockholder following discussions and arms-length negotiations with the Representatives Underwriter and the Company is and the Selling Stockholder are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Builders FirstSource, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Stockholder following discussions and arms-length negotiations with the Representatives Representative and the Company Selling Stockholder is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Verint Systems Inc), Underwriting Agreement (Comverse Technology Inc/Ny/)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Shareholders following discussions and arms-length negotiations with the Representatives Underwriters and the Company is Selling Shareholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Underwriting Agreement (Kosmos Energy Ltd.), Underwriting Agreement (Kosmos Energy Ltd.), Underwriting Agreement (Kosmos Energy Ltd.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Issuers and Guarantors following discussions and arms-length negotiations with the Representatives Representative, and the Company is Issuers and Guarantors are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 5 contracts

Samples: Purchase Agreement (Parsley Energy, Inc.), Purchase Agreement (Parsley Energy, Inc.), Purchase Agreement (Parsley Energy, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Shareholders following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is and the Selling Shareholders are capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Stock Underwriting Agreement (Orion Energy Systems, Inc.), Underwriting Agreement (Orion Energy Systems, Inc.), Underwriting Agreement (Orion Energy Systems, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Shareholders following discussions and arms-length negotiations with the Representatives Representatives, and the Company is and the Selling Shareholders are capable of evaluating and understanding and understands and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Home Inns & Hotels Management Inc.), Underwriting Agreement (Home Inns & Hotels Management Inc.), Underwriting Agreement (Visionchina Media Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Credit Suisse and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

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

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company or the Manager is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Stockholder following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Stockholder are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (GMS Inc.), Underwriting Agreement (Grupo Supervielle S.A.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length arms’-length negotiations with the Representatives Underwriters, and the Company is and the Manager are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Financial Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriter, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Oragenics Inc), Underwriting Agreement (Gastar Exploration USA, Inc.), Underwriting Agreement (Magnum Hunter Resources Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length arms’-length negotiations with the Representatives Underwriters, and the Company is and the Manager are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 4 contracts

Samples: Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Financial Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is and the Guarantor are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Ak Steel Holding Corp), Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is and the Guarantors are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp)

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Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement Agreement, including the public offering price and any related discounts and commissions, was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters and the Company is capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Jasper Therapeutics, Inc.), Underwriting Agreement (Anaptysbio Inc), Underwriting Agreement (Anaptysbio Inc)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;; and

Appears in 3 contracts

Samples: Underwriting Agreement (Soulgate Inc.), Underwriting Agreement (Zhangmen Education Inc.), Underwriting Agreement (GSX Techedu Inc.)

Arms’ Length Negotiations. The price prices of the Offered Securities set forth in this Agreement was were established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Express Scripts Holding Co.), Purchase Agreement (Express Scripts Inc), Purchase Agreement (Express Scripts Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Placement Agent, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Fortistar Sustainable Solutions Corp.), Underwriting Agreement (Gastar Exploration USA, Inc.), Callon Petroleum Co

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company is and the Manager are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Ellington Financial LLC), Underwriting Agreement (Ellington Financial LLC), Underwriting Agreement (Ellington Financial LLC)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is Transaction Entities and Manager are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Stockholders following discussions and arms-length negotiations with the Representatives and the Company is or the Selling Stockholders, are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (First Bancorp /Pr/), Underwriting Agreement (First Bancorp /Pr/), Underwriting Agreement (First Bancorp /Pr/)

Arms’ Length Negotiations. The price of the Offered offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Trajectory Alpha Acquisition Corp.), Underwriting Agreement (Trajectory Alpha Acquisition Corp.), Underwriting Agreement (Trajectory Alpha Acquisition Corp.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Stockholders following discussions and arms-length negotiations with the Representatives Underwriter and the Company is Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length arms’-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (B&G Foods, Inc.), Underwriting Agreement (B&G Foods, Inc.), Underwriting Agreement (B&G Foods, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Stockholders following discussions and arms-length negotiations with the Representatives Representative and the Company is Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Placement Agents and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Placement Agency Agreement (Spherix Inc), Placement Agency Agreement (Spherix Inc), Subscription Agreement (Clearsign Combustion Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;; and

Appears in 3 contracts

Samples: Underwriting Agreement (Bre Properties Inc /Md/), Underwriting Agreement (Bre Properties Inc /Md/), Underwriting Agreement (Bre Properties Inc /Md/)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriters, and the Company is Transaction Entities are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.), Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.), Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities Notes set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Atwood Oceanics Inc), Underwriting Agreement (Atwood Oceanics Inc), Underwriting Agreement (Aon Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative, and each of the Company and the Company Selling Securityholder is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Wengen Alberta, LP)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Stockholders following discussions and arms-length negotiations with the Representatives Underwriter and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Annie's, Inc.), Underwriting Agreement (Nexstar Broadcasting Group Inc), Underwriting Agreement (Nexstar Broadcasting Group Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representatives, and the Company is capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (FTS International, Inc.), Underwriting Agreement (Select Energy Services, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Parties following discussions and arms-length negotiations with the Representatives and the Company is Parties are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Ranger Energy Services, Inc.), Underwriting Agreement (Ranger Energy Services, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Stockholders following discussions and arms-length negotiations with the Representatives and the Company is Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Cobalt International Energy, Inc.), Underwriting Agreement (Cobalt International Energy, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company and the Selling Shareholders following discussions and arms-length negotiations with the Representatives Representatives, and the Company is and the Selling Shareholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Aei), Underwriting Agreement (Visionchina Media Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Stockholders following discussions and arms-length negotiations with the Representatives Underwriter and the Company is Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Talos Energy Inc.), Underwriting Agreement (Talos Energy Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (NovaBay Pharmaceuticals, Inc.), Underwriting Agreement (Analog Devices Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Shareholders following discussions and arms-length arms’-length negotiations with the Representatives Representative, and the Company is Selling Shareholders are capable of evaluating and understanding and each of them understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Walker & Dunlop, Inc.), Underwriting Agreement (Walker & Dunlop, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by Company and the Company Selling Securityholders following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Securityholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Kraton Performance Polymers, Inc.), Underwriting Agreement (Kraton Performance Polymers, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 2 contracts

Samples: Underwriting Agreement (Bonanza Creek Energy, Inc.), Underwriting Agreement (Emerald Oil, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by Company and the Company Selling Shareholders following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Shareholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 2 contracts

Samples: Underwriting Agreement (PPDAI Group Inc.), Underwriting Agreement (Tuniu Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Underwriter, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Talos Energy Inc.), Underwriting Agreement (Core Laboratories N V)

Arms’ Length Negotiations. The price of the Offered Securities Shares set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative, and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

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

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Guggenheim Securities and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this AgreementAgreement (including, without limitation, any transaction involving Metric);

Appears in 2 contracts

Samples: Underwriting Agreement (First Light Acquisition Group, Inc.), Underwriting Agreement (First Light Acquisition Group, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 2 contracts

Samples: Underwriting Agreement (Nature Wood Group LTD), Underwriting Agreement (Nature Wood Group LTD)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Partnership following discussions and arms-length negotiations with the Representatives Representatives, and the Company Partnership is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Energy Transfer Equity, L.P., Underwriting Agreement (Energy Transfer Partners, L.P.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length arms’-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Verint Systems Inc), Underwriting Agreement (Verint Systems Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by Company and the Company Selling Stockholders following discussions and armsarm’s-length negotiations with the Representatives and the Company is and the Selling Stockholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (STR Holdings, Inc.), Underwriting Agreement (STR Holdings (New) LLC)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and armsarm’s-length negotiations with the Representatives Representative and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;Agreement;

Appears in 2 contracts

Samples: Trust Agreement (Revolution Healthcare Acquisition Corp.), Revolution Healthcare Acquisition Corp.

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives Purchasers and the Company is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Purchase Agreement (Atp Oil & Gas Corp), Purchase Agreement (Regal Entertainment Group)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Selling Shareholder following discussions and armsarm’s-length negotiations with the Representatives and the Company Selling Shareholder is capable of evaluating and understanding and understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

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

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives and the Company is and the Selling Shareholders are capable of evaluating and understanding and understands understand and accepts accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Cloud Peak Energy Resources LLC), Underwriting Agreement (Cloud Peak Energy Inc.)

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