Common use of Company’s Accounting System Clause in Contracts

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 50 contracts

Samples: Underwriting Agreement (Oplink Communications Inc), Underwriting Agreement (Vixel Corp), Underwriting Agreement (Preview Systems Inc)

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Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 46 contracts

Samples: Open Market Sale Agreement (Lordstown Motors Corp.), Underwriting Agreement (Liquidia Corp), Underwriting Agreement (Codex DNA, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries will maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 37 contracts

Samples: Underwriting Agreement (LF Capital Acquisition Corp. II), Underwriting Agreement (Hunt Companies Acquisition Corp. I), Underwriting Agreement (LF Capital Acquisition Corp. II)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances assurance that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 11 contracts

Samples: Sales Agreement (Aclaris Therapeutics, Inc.), Open Market Sale Agreement (Pluristem Therapeutics Inc), Open Market Sale Agreement (Aclaris Therapeutics, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient designed to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 11 contracts

Samples: Open Market Sale Agreement (Sierra Oncology, Inc.), Underwriting Agreement (Sierra Oncology, Inc.), Open Market Sale Agreement (Minerva Neurosciences, Inc.)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Gold Resource Corp), Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (LHC Group, Inc)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient designed to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles IFRS as applied in the United States issued by IASB and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; authorization and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 7 contracts

Samples: Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls that is sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 7 contracts

Samples: Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls sufficient to provide reasonable assurances assurance that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 6 contracts

Samples: Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States IFRS and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 6 contracts

Samples: Sales Agreement (Erytech Pharma S.A.), Placement Agency Agreement (Erytech Pharma S.A.), Underwriting Agreement (Grindrod Shipping Holdings Ltd.)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls designed and which the Company reasonably believes is sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 6 contracts

Samples: Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Underwriting Agreement (Sol-Gel Technologies Ltd.), Underwriting Agreement (Sol-Gel Technologies Ltd.)

Company’s Accounting System. The Except as otherwise disclosed in the Disclosure Package, the Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 5 contracts

Samples: Underwriting Agreement (Fuqin Fintech LTD), Underwriting Agreement (Fuqin Fintech LTD), Underwriting Agreement (Fuqin Fintech LTD)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of accounting controls sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 5 contracts

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.), Underwriting Agreement (Patriot Capital Funding, Inc.), Underwriting Agreement (Patriot Capital Funding, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls that is in compliance with the Xxxxxxxx-Xxxxx Act and is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 5 contracts

Samples: Purchase Agreement (Mantech International Corp), Purchase Agreement (Burlington Coat Factory Investments Holdings, Inc.), Purchase Agreement (Burlington Coat Factory Investments Holdings, Inc.)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 4 contracts

Samples: Common Stock Sales Agreement (Dicerna Pharmaceuticals Inc), Sales Agreement (Dicerna Pharmaceuticals Inc), Sales Agreement (Dicerna Pharmaceuticals Inc)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 4 contracts

Samples: Underwriting Agreement (Avalanche Biotechnologies, Inc.), Underwriting Agreement (Synta Pharmaceuticals Corp), Underwriting Agreement (Avalanche Biotechnologies, Inc.)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 4 contracts

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc), Underwriting Agreement (Rigel Pharmaceuticals Inc), Underwriting Agreement (Rigel Pharmaceuticals Inc)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls sufficient designed to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 4 contracts

Samples: Underwriting Agreement (Glycomimetics Inc), Underwriting Agreement (Glycomimetics Inc), Underwriting Agreement (Glycomimetics Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls that is in compliance in all material respects with the Xxxxxxxx-Xxxxx Act and is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 4 contracts

Samples: Purchase Agreement (ARKO Corp.), Underwriting Agreement (Actuant Corp), Purchase Agreement (Actuant Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls that is in compliance with the Xxxxxxxx-Xxxxx Act and is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 4 contracts

Samples: Purchase Agreement (Salem Media Group, Inc. /De/), Exchange, Purchase and Sale Agreement (Salem Media Group, Inc. /De/), Purchase Agreement (Installed Building Products, Inc.)

Company’s Accounting System. The Company makes and each of its subsidiaries keeps accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Liquidia Technologies Inc), Underwriting Agreement (Liquidia Technologies Inc), Underwriting Agreement (Liquidia Technologies Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 3 contracts

Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Company’s Accounting System. The Each of the Company and each of its subsidiaries maintain the Subsidiary maintains a system of internal accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 3 contracts

Samples: Underwriting Agreement (Delcath Systems Inc), Sales Agreement (Delcath Systems Inc), Sales Agreement (Delcath Systems Inc)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls sufficient designed to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Gemphire Therapeutics Inc.), Underwriting Agreement (Gemphire Therapeutics Inc.), Underwriting Agreement (Gemphire Therapeutics Inc.)

Company’s Accounting System. The Company and each of its consolidated subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 3 contracts

Samples: Placement Agency Agreement (Incara Pharmaceuticals Corp), Placement Agency Agreement (Incara Pharmaceuticals Corp), Placement Agency Agreement (Incara Pharmaceuticals Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain Subsidiaries maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States of America and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 3 contracts

Samples: Note Purchase Agreement (Jw Childs Equity Partners Ii Lp), Note Purchase Agreement (Signal Medical Services), Purchase Agreement (Signal Medical Services)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing evaluated in light of actual assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 3 contracts

Samples: Purchase Agreement (Texas Market Tire, Inc.), Purchase Agreement (Texas Market Tire, Inc.), Purchase Agreement (Texas Market Tire, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances assurance that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Olympic Steel Inc), Open Market Sale Agreement (Olympic Steel Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Alnylam Pharmaceuticals Inc), Placement Agency Agreement (Epix Medical Inc)

Company’s Accounting System. The Company makes and each of its subsidiaries keeps accurate books and records and maintain a system of internal accounting controls sufficient designed, and which the Company believes is sufficient, to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

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

Company’s Accounting System. The Company maintains, and each of its subsidiaries maintain Predecessor maintained, a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Smart Move, Inc.), Underwriting Agreement (Smart Move, Inc.)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (American Retirement Corp), Underwriting Agreement (American Retirement Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States U.S. GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Chattem Inc), Underwriting Agreement (Carreker Corp)

Company’s Accounting System. The Except as disclosed in the Prospectus, the Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Signal Inc), Underwriting Agreement (Global Signal Inc)

Company’s Accounting System. The Company and each of its subsidiaries Subsidiaries maintain and will continue to maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Novastar Financial Inc), Underwriting Agreement (Hanover Capital Holdings Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls internal control over financial reporting sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Equity Distribution Agreement (DXP Enterprises Inc), Equity Distribution Agreement (DXP Enterprises Inc)

Company’s Accounting System. The Company and each of its subsidiaries subsidiary maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Navisite Inc), Underwriting Agreement (Centra Software Inc)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States U.S. GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Scholar Rock Holding Corp), Underwriting Agreement (Scholar Rock Holding Corp)

Company’s Accounting System. The Company makes and each of its subsidiaries keeps, in all material respects, accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Icosavax, Inc.), Underwriting Agreement (Icosavax, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles principles, as applied in the United States States, and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Purchase Agreement (Texas Industries Inc), Purchase Agreement (Chaparral Steel CO)

Company’s Accounting System. The Company and each of its subsidiaries Subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp), At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp)

Company’s Accounting System. The Company Parent and each of its subsidiaries maintain a system of accounting controls that is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Purchase Agreement (Graphic Packaging Holding Co), Purchase Agreement (Graphic Packaging Holding Co)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (Oriental Financial Group Inc)

Company’s Accounting System. The Except as otherwise disclosed in the Prospectus, the Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Giant Industries Inc), Underwriting Agreement (Moog Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 2 contracts

Samples: Underwriting Agreement (Chordiant Software Inc), Underwriting Agreement (Centra Software Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls that is in compliance with the Xxxxxxxx-Xxxxx Act and is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States IFRS and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (Delhaize Group)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls designed, and which the Company believes is sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Cidara Therapeutics, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Primus Knowledge Solutions Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of internal accounting controls that is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (Kemet Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of internal controls over financial reporting and accounting controls that are sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (LifeCare Holdings, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of the Company’s financial statements in conformity with generally accepted accounting principles IFRS as applied in the United States issued by IASB and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Gambling.com Group LTD)

Company’s Accounting System. The Each of the Company and each of its subsidiaries maintain subsidiary maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Filetek Inc)

Company’s Accounting System. The Company and each of its subsidiaries the Subsidiaries maintain and will continue to maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Realtrust Asset Corp)

Company’s Accounting System. The Holdings, the Company and each of its subsidiaries maintain a system of accounting controls that is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (Duane Reade Holdings Inc)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of accounting controls sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Brantley Mezzanine Capital Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any material differences.

Appears in 1 contract

Samples: Underwriting Agreement (Quest Software Inc)

Company’s Accounting System. The Each of the Parent and the Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (Venture Holdings, Inc.)

Company’s Accounting System. The Company Each of the Company, the Affiliated Companies and each of its subsidiaries maintain the Related Partnerships maintains a system of accounting controls sufficient designed to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Vistana Inc)

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Company’s Accounting System. The Company makes and each of its subsidiaries keeps accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles IFRS as applied in issued by the United States IASB and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (NeuroDerm Ltd.)

Company’s Accounting System. The Company has established and each of its subsidiaries maintain maintains a system of internal accounting controls sufficient to provide reasonable assurances assurance that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Open Market Sale Agreement (Concert Pharmaceuticals, Inc.)

Company’s Accounting System. The Each of Holdings and the Company and each of its subsidiaries maintain maintains a system of accounting internal controls over financial reporting sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (McP-MSC Acquisition, Inc.)

Company’s Accounting System. The Company and each of its --------------------------- subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (Radio One Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Corautus Genetics Inc)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles IFRS as applied in issued by the United States IASB and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (NeuroDerm Ltd.)

Company’s Accounting System. The Company and each of its subsidiaries maintain the Subsidiaries has established and maintains a system of internal accounting controls sufficient to provide reasonable assurances assurance that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Open Market Sale Agreement (Quotient LTD)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied employed in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Momenta Pharmaceuticals Inc)

Company’s Accounting System. The Company and each of its subsidiaries and each of the Founding Companies maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Vacation Properties International Inc)

Company’s Accounting System. The Company and each of its subsidiaries Subsidiaries maintain and will continue to maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.. (ag)

Appears in 1 contract

Samples: Underwriting Agreement (Headlands Mortgage Co)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system systems of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (American Finance Group Inc /De/)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with accounting principles generally accepted accounting principles as applied in the United States of America and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Avanir Pharmaceuticals)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Warren Resources Inc)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls designed, and which the Company believes is, sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Waitr Holdings Inc.)

Company’s Accounting System. The Company and each of its subsidiaries Subsidiaries maintain a system of internal accounting controls that is sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (E-Commerce Exchange, Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of internal financial and accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Integrated Information Systems Inc)

Company’s Accounting System. The Company makes and each of its subsidiaries keeps books and records that are accurate in all material respects and maintain a system of internal accounting controls sufficient designed to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Theseus Pharmaceuticals, Inc.)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; authorization and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Sales Agreement (Advaxis, Inc.)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that that: (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Orchid Biosciences Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (Hutchinson Technology Inc)

Company’s Accounting System. The Company and each of its subsidiaries the Subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Lowestfare Com Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Vyyo Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Opus360 Corp)

Company’s Accounting System. The Company makes and each of its subsidiaries maintain keeps accurate books and records and maintains a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles IFRS as applied in issued by the United States IASB and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (NeuroDerm Ltd.)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States U.S. GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Open Market Sale Agreement (Athersys, Inc / New)

Company’s Accounting System. The Company and each of its subsidiaries make and keep accurate books and records and maintain a system of internal accounting controls sufficient designed, and which the Company believes is sufficient, to provide reasonable assurances that assurance that: (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Dermavant Sciences LTD)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorizationauthorizations; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Arthrocare Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain the Founding Companies maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Directchef Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles [as applied in the United States States] and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Blaze Software Inc)

Company’s Accounting System. The Company and each of its subsidiaries Guarantor maintain a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Jarden Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that with respect to the Company and PPG (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Peoples Educational Holdings)

Company’s Accounting System. The Company and each of its subsidiaries maintain maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles [as applied in the United States States] and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Reynard Motorsport Inc)

Company’s Accounting System. The Company and each of its subsidiaries maintain Subsidiaries maintains a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States of America and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Purchase Agreement (Insight Health Services Holdings Corp)

Company’s Accounting System. The Except as disclosed in the Prospectus, the Company and each of its subsidiaries maintain maintains a system of internal accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Equity Distribution Agreement (Processa Pharmaceuticals, Inc.)

Company’s Accounting System. The Company maintains, and each of its subsidiaries maintain Predecessor maintained, a system of accounting controls sufficient to provide reasonable assurances that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Syngence Corp)

Company’s Accounting System. The Company and each of its subsidiaries maintain a system of accounting controls sufficient to provide reasonable assurances that that (i) transactions are executed in accordance with management's general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Esperion Therapeutics Inc/Mi)

Company’s Accounting System. The Company and each of its subsidiaries the Subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurances assurance that (i) transactions are executed in accordance with management's ’s general or specific authorization; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles as applied in the United States and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management's ’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

Appears in 1 contract

Samples: Underwriting Agreement (Eagle Bulk Shipping Inc.)

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