Common use of Company Not Ineligible Issuer Clause in Contracts

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) under the Securities Act or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to the Closing Time.

Appears in 12 contracts

Samples: Underwriting Agreement (Independent Bank Group, Inc.), Underwriting Agreement (Valley National Bancorp), Underwriting Agreement (Berkshire Hills Bancorp Inc)

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Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 of the Securities Act Regulations. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) 111 under the Securities Act Regulations or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to the Closing TimeDate.

Appears in 2 contracts

Samples: Underwriting Agreement (Third Coast Bancshares, Inc.), Underwriting Agreement (South Plains Financial, Inc.)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 of the Securities Act Regulations. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) 111 under the Securities Act Regulations or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to before the Closing TimeDate.

Appears in 2 contracts

Samples: Underwriting Agreement (MetroCity Bankshares, Inc.), Underwriting Agreement (Bank7 Corp.)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) under the Securities Act or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to the Closing Time.

Appears in 2 contracts

Samples: Placement Agency Agreement (Republic First Bancorp Inc), Underwriting Agreement (Univest Corp of Pennsylvania)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) under the Securities Act or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to the Closing Time.

Appears in 1 contract

Samples: Underwriting Agreement (Axos Financial, Inc.)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) 111 under the Securities Act Regulations or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to the Closing TimeDate.

Appears in 1 contract

Samples: Underwriting Agreement (LINKBANCORP, Inc.)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement Statement, and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) under the Securities Act or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to the Closing Time.

Appears in 1 contract

Samples: Underwriting Agreement (Banc of California, Inc.)

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Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1456(b)(1)(i) under the Securities Act or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and otherwise in accordance with Rules 456(b) and 457(r) of the Securities Act Regulations, and in any event prior to the Closing Time.

Appears in 1 contract

Samples: Underwriting Agreement (Union Bankshares Corp)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities and (C) at the Applicable Time, the Company was not and is not an "ineligible issuer," as defined in Rule 405. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) under the Securities Act or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to the Closing Time.

Appears in 1 contract

Samples: Underwriting Agreement (First Financial Bancorp /Oh/)

Company Not Ineligible Issuer. (A) At the time of filing the Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and (C) at the Applicable Time, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 of the Securities Act Regulations. The Company has paid the registration fee for this offering pursuant to Rule 456(b)(1) under 111 of the Securities Act Regulations or will pay such fee within the time period required by such rule (without giving effect to the proviso therein) and in any event prior to before the Closing TimeDate.

Appears in 1 contract

Samples: Underwriting Agreement (William Bradford Haines Financial Services Trust)

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