Common use of Company to Provide Interim Financial Statements Clause in Contracts

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, provided, however, that the requirements of this Section 3(u) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 3 contracts

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/)

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Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement Statement, the Time of Sale Prospectus and the Prospectus, ; provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 3 contracts

Samples: Underwriting Agreement (Retrophin, Inc.), Underwriting Agreement (Travere Therapeutics, Inc.), Travere Therapeutics, Inc.

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, ; provided, however, that the requirements of this Section 3(u3(p) shall be satisfied to the extent that such unaudited reports, statement, communications, financial statements or other documents are available on XXXXXEXXXX. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 2 contracts

Samples: Underwriting Agreement (VBI Vaccines Inc/Bc), VBI Vaccines Inc/Bc

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the UnderwritersUnderwriter, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, provided, however, that the requirements of this Section 3(u) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The Representatives, on behalf of the several Underwriters, Underwriter may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 2 contracts

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as reasonably practicable after they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performancecovenants.

Appears in 2 contracts

Samples: Underwriting Agreement (Codexis, Inc.), Underwriting Agreement (Codexis Inc)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, ; provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited reports, statement, communications, financial statements or other documents are available on XXXXXEXXXX. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: VBI Vaccines Inc/Bc

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, ; provided, however, that the requirements of this Section 3(u) shall be satisfied to the extent that such unaudited financial statements are available on XXXXXEXXXX. The RepresentativesRepresentative, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performancecovenants.

Appears in 1 contract

Samples: Underwriting Agreement (CASI Pharmaceuticals, Inc.)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, ; provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on to XXXXX. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Biodelivery Sciences International Inc)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Altimmune, Inc.)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, ; provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The RepresentativesRepresentative, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Oclaro, Inc.)

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Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the UnderwritersUnderwriter, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus. For the avoidance of doubt, provided, however, that the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 3(u) shall be satisfied to the extent that such unaudited financial statements are available on XXXXXimmediately preceding sentence. The Representatives, on behalf of the several Underwriters, Underwriter may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Alaunos Therapeutics, Inc.

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as reasonably practicable after they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The RepresentativesRepresentative, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performancecovenants.

Appears in 1 contract

Samples: Underwriting Agreement (Codexis Inc)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, ; provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements or other related documents are available on XXXXXEXXXX. The RepresentativesRepresentative, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Dorian LPG Ltd.)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as practicable after they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, ; provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The RepresentativesRepresentative, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Durect Corp)

Company to Provide Interim Financial Statements. Prior to the First Closing Date and each applicable Option Closing Date, the Company will furnish the Underwriters, as soon as they have been prepared by or are available to the Company, a copy of any unaudited interim financial statements of the Company for any period subsequent to the period covered by the most recent financial statements appearing in the Registration Statement and the Prospectus, provided, however, that the requirements of this Section 3(u3(t) shall be satisfied to the extent that such unaudited financial statements are available on XXXXX. The RepresentativesRepresentative, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Organovo Holdings, Inc.)

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