Common use of Authority of the Representative Clause in Contracts

Authority of the Representative. We authorize you, acting as Representative of the Underwriters, to execute and deliver on our behalf, the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our Securities) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Agreement and to take all such action as you in your discretion may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination and to determine all matters relating to the public advertisement of the Securities; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the Securities, no extension of the time by which the Registration Statement is to become effective as provided in the Underwriting Agreement shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the Securities, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in the Underwriting Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (E Net Inc), Underwriting Agreement (Gateway American Properties Corp), Underwriting Agreement (800 Travel Systems Inc)

AutoNDA by SimpleDocs

Authority of the Representative. We authorize you, acting as Representative of the UnderwritersRepresentative, to execute and deliver on our behalf, behalf the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our Securities) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Agreement and to take all such action as you you, in your discretion discretion, may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement Agreement, including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination termination, and to determine all matters relating to the public advertisement of the Securities; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the Securities, no extension of the time by which the Registration Statement is to become effective effective, as provided in Section 9(a) of the Underwriting Agreement Agreement, shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the Securities, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in Section 11 of the Underwriting Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (East Coast Venture Capital Inc)

Authority of the Representative. We authorize you, acting as Representative of the UnderwritersRepresentative, to execute and deliver on our behalf, behalf the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our Securities) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Agreement and to take all such action as you you, in your discretion discretion, may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement Agreement, including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination termination, and to determine all matters relating to the public advertisement of the Securities; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the Securities, no extension of the time by which the Registration Statement is to become effective effective, as provided in Section 9(a) of the Underwriting Agreement Agreement, shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the Securities, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in Section 12 of the Underwriting Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Discas Inc)

Authority of the Representative. We authorize you, acting as Representative of the UnderwritersRepresentative, to execute and deliver on our behalf, behalf the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our SecuritiesUnits) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Agreement and to take all such action as you you, in your discretion discretion, may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement Agreement, including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination termination, and to determine all matters relating to the public advertisement of the SecuritiesUnits; provided, however, that, that except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the SecuritiesUnits, no extension of the time by which the Registration Statement is to become effective effective, as provided in Section 8 of the Underwriting Agreement Agreement, shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the SecuritiesUnits, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in Sections 8, 9, and 10 of the Underwriting Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Surrey Inc)

Authority of the Representative. We authorize you, acting as ------------------------------- Representative of the Underwriters, to execute and deliver on our behalf, the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our Securities) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Agreement and to take all such action as you in your discretion may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination and to determine all matters relating to the public advertisement of the Securities; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the Securities, no extension of the time by which the Registration Statement is to become effective as provided in the Underwriting Agreement shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the Securities, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in the Underwriting Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (U S Remodelers Inc)

Authority of the Representative. We authorize you, acting as Representative of the Underwriters, to execute and deliver on our behalf, the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our Securities) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Agreement and to take all such action as you in your discretion may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination and to determine all matters relating to the public advertisement of the Securities; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the Securities, no extension of the time by which the Registration Statement is to become effective as provided in the Underwriting Agreement shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the Securities, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in the Underwriting Agreement.the

Appears in 1 contract

Samples: Underwriting Agreement (General Credit Corp)

AutoNDA by SimpleDocs

Authority of the Representative. We authorize you, acting as Representative of the UnderwritersRepresentative, to execute and deliver on our behalf, behalf the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our Securities) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Under-writing Agreement and to take all such action as you you, in your discretion discretion, may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement Agreement, including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination termination, and to determine all matters relating to the public advertisement of the Securities; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the Securities, no extension of the time by which the Registration Statement is to become effective effective, as provided in in Section 9(a) of the Underwriting Agreement Agreement, shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the Securities, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in Section 11 of the Underwriting Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Proflight Medical Response Inc)

Authority of the Representative. We authorize you, acting as Representative of the UnderwritersRepresentative, to execute and deliver on our behalf, behalf the Underwriting Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our SecuritiesStock) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Agreement and to take all such action as you you, in your discretion discretion, may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement Agreement, including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination termination, and to determine all matters relating to the public advertisement of the SecuritiesStock; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the SecuritiesStock, no extension of the time by which the Registration Statement is to become effective effective, as provided in Section 5(a) of the Underwriting Agreement Agreement, shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the SecuritiesStock, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in the Underwriting Agreement.other

Appears in 1 contract

Samples: Underwriting Agreement (Birman Managed Care Inc)

Authority of the Representative. We authorize you, acting as Representative of the UnderwritersRepresentative, to execute and deliver on our behalf, behalf the Underwriting Under-writing Agreement, and to agree to any variation of its terms (except as to the purchase price and the number of our Securities) which, in your judgment, is not a variation which materially and adversely affects our rights and obligations. We also authorize you, in your discretion and on our behalf, with approval of counsel for the Underwriters, to approve the Prospectus and to approve of, or object to, any further amendments to the Registration Statement, or amendments or supplements to the Prospectus. We further authorize you to exercise all the authority and discretion vested in the Underwriters and in you by the provisions of the Underwriting Under-writing Agreement and to take all such action as you you, in your discretion discretion, may believe desirable to carry out the provisions of the Underwriting Agreement and of this Agreement Agreement, including the extension of any date specified in the Underwriting Agreement, the exercise of any right of cancellation or termination termination, and to determine all matters relating to the public advertisement of the SecuritiesStock; provided, however, that, except with the consent of Underwriters who shall have agreed to purchase in the aggregate 50% or more of the SecuritiesStock, no extension of the time by which the Registration Statement is to become effective effective, as provided in Section 8(a) of the Underwriting Agreement Agreement, shall be for a period in excess of two business days. We authorize you to take such action as in your discretion may be necessary or desirable to effect the sale and distribution of the SecuritiesStock, including, without limiting the generality of the foregoing, the right to determine the terms of any proposed offering, the concession to Selected Dealers (as hereinafter defined) and the reallowance, if any, to other dealers and the right to make the judgments provided for in Section 11 of the Underwriting Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Russian Wireless Telephone Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!