Common use of Arms’ Length Negotiations Clause in Contracts

Arms’ Length Negotiations. The price of the Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the 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 34 contracts

Samples: Underwriting Agreement (CDT Environmental Technology Investment Holdings LTD), Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (Li Bang International Corp Inc.)

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Arms’ Length Negotiations. The price of the Securities Shares set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 8 contracts

Samples: Placement Agency Agreement (Park City Group Inc), Placement Agency Agreement (SilverSun Technologies, Inc.), Placement Agency Agreement (Nac Global Technologies, Inc.)

Arms’ Length Negotiations. The price of the Securities of each series set forth in this the Terms Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;the Terms Agreement;

Appears in 7 contracts

Samples: Underwriting Agreement (Anadarko Petroleum Corp), Underwriting Agreement (Anadarko Petroleum Corp), Terms Agreement (Anadarko Petroleum Corp)

Arms’ Length Negotiations. The price of the Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 6 contracts

Samples: Placement Agency Agreement (Sphere 3D Corp), Placement Agency Agreement (xG TECHNOLOGY, INC.), Placement Agency Agreement (xG TECHNOLOGY, INC.)

Arms’ Length Negotiations. The price of the Securities set forth in this Agreement was established by the Company following discussions and arm’s-arm’s length negotiations with the 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;Agreement and the Indenture;

Appears in 6 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 and the Guarantors following discussions and arm’s-length arms’-length negotiations with the Underwriters Underwriters, and the Company is and the Guarantors are capable of evaluating and understanding understanding, and understands understand and accepts accept, the terms, risks and conditions of the transactions contemplated by this Agreement;Agreement;

Appears in 4 contracts

Samples: Underwriting Agreement (Community Health Systems Inc), Underwriting Agreement (Community Health Systems Inc), Underwriting Agreement (Community 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 arm’s-length negotiations with the 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;Agreement;

Appears in 3 contracts

Samples: Underwriting Agreement (Regal Entertainment Group), Underwriting Agreement (Regal Entertainment Group), Underwriting Agreement (Regal Entertainment Group)

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

Appears in 3 contracts

Samples: Placement Agency Agreement (EnerJex Resources, Inc.), Stock Purchase Agreement (Magnegas Corp), Placement Agency Agreement (Magnegas Corp)

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

Appears in 3 contracts

Samples: Placement Agency Agreement (MDRNA, Inc.), Placement Agency Agreement (Delcath Systems Inc), Placement Agency Agreement (MDRNA, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Ready Capital Corp), Underwriting Agreement (Ready Capital Corp)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arm’s-length arms’-length negotiations with the Underwriters 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;Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Life Time Fitness 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 arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Diplomat Pharmacy, Inc.), Underwriting Agreement (Diplomat Pharmacy, Inc.)

Arms’ Length Negotiations. The price of the Firm Securities and Option Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the 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 2 contracts

Samples: Underwriting Agreement (Syra Health Corp), Underwriting Agreement (Syra Health Corp)

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

Appears in 2 contracts

Samples: Placement Agency Agreement, Securities Purchase Agreement (NXT-Id, Inc.)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Regal Entertainment Group)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Nord Anglia Education, Inc.)

Arms’ Length Negotiations. The price of the Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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 1 contract

Samples: Underwriting Agreement (Analog Devices Inc)

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

Appears in 1 contract

Samples: Placement Agency Agreement (Delcath Systems Inc)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this the Terms Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;the Terms Agreement;

Appears in 1 contract

Samples: Terms Agreement (Credit Suisse Group Capital (Delaware) Trust II)

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

Appears in 1 contract

Samples: 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 arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Anadarko Petroleum 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 arm’s-length negotiations with the 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;Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Skilled Healthcare Group, Inc.)

Arms’ Length Negotiations. The price of the Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Analog Devices Inc)

Arms’ Length Negotiations. The price prices of the Offered Securities set forth in this Agreement was were established by the Company and the Guarantors following discussions and arm’s-length negotiations with the 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;Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Chemours Co)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Partnership following discussions and arm’sarms-length negotiations with the Underwriters and of 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;Agreement;

Appears in 1 contract

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

Arms’ Length Negotiations. The price of the Firm Securities and Option Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the 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 1 contract

Samples: Underwriting Agreement (Elite Education Group International LTD)

Arms’ Length Negotiations. The price of the Offered Securities set forth in this Agreement was established by the Company Partnership following discussions and arm’sarms-length negotiations with the Underwriters Representative and of 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;Agreement;

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Placement Agency Agreement (Imageware Systems Inc)

Arms’ Length Negotiations. The price of the Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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; and

Appears in 1 contract

Samples: Underwriting Agreement (Gaucho Group Holdings, Inc.)

Arms’ Length Negotiations. The price of the Securities set forth in this Agreement was established by the Company following discussions and arm’s-length negotiations with the Underwriters 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;Agreement;

Appears in 1 contract

Samples: Placement Agency Agreement (Biodel Inc)

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