Company Not Ineligible Issuer. As of the date of the execution and delivery of this Agreement, the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations).
Appears in 14 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations).
Appears in 8 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this Agreement, the The Company was not and is not an “ineligible issuer” (as defined in connection with the offering of the Shares pursuant to Rule 405 405, Rule 433 and Rule 164 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations).
Appears in 4 contracts
Samples: Terms Agreement (Crown Castle Inc.), Terms Agreement (Crown Castle International Corp), Sales Agreement (Crown Castle International Corp)
Company Not Ineligible Issuer. As At the time of filing the date of the execution and delivery of this AgreementRegistration Statement, the Company was not and is not an “ineligible issuer,” (as defined in Rule Rules 164, 405 and 433 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations)Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an “ineligible issuer” issuer (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations)Ineligible Issuer.
Appears in 3 contracts
Samples: Management Agreement (Gramercy Capital Corp), Underwriting Agreement (Si International Inc), Management Agreement (Gramercy Capital Corp)
Company Not Ineligible Issuer. As of the determination date of referenced in Rule 164(h) under the execution and delivery of this Agreement1933 Act, the Company was not and not, is not or will not be (as applicable) an “ineligible issuer” (as defined in Rule 405 connection with the offering of the 1933 Act Regulations), without taking account of any determination by the Commission Securities pursuant to Rule Rules 164, 405 of and 433 under the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations)Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Evolus, Inc.)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this Agreement, the The Company was not and is not an “ineligible issuer” (as defined in Rule 405 of under the 1933 Act Regulations), without taking account and at the times specified in the 1933 Act in connection with the offering of any determination by the Commission Securities. The Company has paid the registration fee for this offering pursuant to Rule 405 of 457 under the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations)Act.
Appears in 2 contracts
Samples: Purchase Agreement (Cathay General Bancorp), Purchase Agreement (Cathay General Bancorp)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an “ineligible issuer” issuer (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations).
Appears in 2 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Management Agreement (Gramercy Capital Corp)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act RegulationsAct).
Appears in 2 contracts
Samples: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this Agreementeach Representation Date, the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations).
Appears in 1 contract
Samples: Distribution Agreement (Health Care Property Investors Inc)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations)issuer.
Appears in 1 contract
Samples: Underwriting Agreement (Zumiez Inc)
Company Not Ineligible Issuer. As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause (4)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act RegulationsAct).
Appears in 1 contract
Company Not Ineligible Issuer. As At the time of the date filing of the execution Registration Statement, any Rule 462(b) Registration Statement and delivery any post-effective amendments thereto, and at the date of this Agreement, the Company was not and is not an “ineligible issuer,” (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations).
Appears in 1 contract
Company Not Ineligible Issuer. As of the date of the execution and delivery of this AgreementAgreement (with such date being used as the determination date for purposes of this clause), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the 1933 Act Regulations), without taking account of any determination by the Commission pursuant to Rule 405 of the 1933 Act Regulations that it is not necessary that the Company be considered an ineligible issuer (as defined in Rule 405 of the 1933 Act Regulations)Ineligible Issuer.
Appears in 1 contract