Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 51 contracts
Samples: Distribution Agreement (Jefferies Financial Group Inc.), Sales Agreement (HOOKIPA Pharma Inc.), Underwriting Agreement (Autozone Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 30 contracts
Samples: Underwriting Agreement (Brunswick Corp), Underwriting Agreement (Tyson Foods, Inc.), Underwriting Agreement (Landsea Homes Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 15 contracts
Samples: Underwriting Agreement (Berkshire Hills Bancorp Inc), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Origin Bancorp, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 14 contracts
Samples: At Market Issuance Sales Agreement (OptimumBank Holdings, Inc.), At Market Issuance Sales Agreement (Strawberry Fields REIT, Inc.), At Market Issuance Sales Agreement (Bluerock Residential Growth REIT, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 11 contracts
Samples: Underwriting Agreement (Lucid Group, Inc.), Equity Distribution Agreement (Fibrogen Inc), Equity Distribution Agreement (Amicus Therapeutics, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) with which any of them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 9 contracts
Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 8 contracts
Samples: At the Market Sales Agreement (OncoCyte Corp), At the Market Sales Agreement (Sonnet BioTherapeutics Holdings, Inc.), At the Market Sales Agreement (Matinas BioPharma Holdings, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.
Appears in 6 contracts
Samples: Underwriting Agreement (James River Group Holdings, Ltd.), Underwriting Agreement (James River Group Holdings, Ltd.), Underwriting Agreement (James River Group Holdings, Ltd.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, in each case, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 6 contracts
Samples: Exchange Agreement (Teligent, Inc.), Exchange Agreement (Teligent, Inc.), Exchange Agreement (Teligent, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Underwriting Agreement (ServisFirst Bancshares, Inc.), Underwriting Agreement (ServisFirst Bancshares, Inc.), Underwriting Agreement (Access National Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Underwriting Agreement (Customers Bancorp, Inc.), Underwriting Agreement (MetroCity Bankshares, Inc.), Underwriting Agreement (Union Bankshares Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Sales Agreement (Adaptimmune Therapeutics PLC), Sales Agreement (Adaptimmune Therapeutics PLC), Underwriting Agreement (Adaptimmune Therapeutics PLC)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) applicable to the Company, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (Schorsch Nicholas S), Underwriting Agreement (RCS Capital Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications, except as any such failure could not reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (New Found Gold Corp.), Underwriting Agreement (Ballard Power Systems Inc.), Equity Distribution Agreement (Ballard Power Systems Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (applicable to the “Sxxxxxxx-Xxxxx Act”)Company, including Section 402 related except as any such failure would not reasonably be expected to loans and Sections 302 and 906 related to certificationshave a Material Adverse Effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Vicinity Motor Corp), Equity Distribution Agreement (Engine Media Holdings, Inc.), Equity Distribution Agreement (Vicinity Motor Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 (the “Sxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Coach Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Minim, Inc.), Underwriting Agreement (Audioeye Inc), Underwriting Agreement (Gaia, Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “"Sxxxxxxx-Xxxxx Act”)") with which any of them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (with which the “Sxxxxxxx-Xxxxx Act”), including Section 402 related Company is required to loans and Sections 302 and 906 related to certificationscomply.
Appears in 3 contracts
Samples: Underwriting Agreement (CLARIVATE PLC), Underwriting Agreement (Clarivate Analytics PLC), Underwriting Agreement (Clarivate Analytics PLC)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Angel Oak Mortgage REIT, Inc.), Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Kronos Worldwide Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Company, the Operating Partnership and the Subsidiaries or any of the Company’s such entities’ directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 3 contracts
Samples: Underwriting Agreement (Angel Oak Mortgage, Inc.), Purchase Agreement (Beacon Roofing Supply Inc), Purchase Agreement (Beacon Roofing Supply Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (First Bancshares Inc /MS/), Subordinated Note Purchase Agreement (First Bancshares Inc /MS/)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Sierra Total Return Fund), Dealer Manager Agreement (O'Donnell Strategic Gateway REIT, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications, in all cases to the extent they are applicable to the Company.
Appears in 2 contracts
Samples: Equity Distribution Agreement (SolarBank Corp), Equity Distribution Agreement (SolarBank Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or the Operating Partnership or subsidiaries or directors or officers of the Company or any of the Company’s directors or officersits subsidiaries, in their capacities capacity as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including including, without limitation, Section 402 thereof related to loans loans, and Sections 302 and 906 thereof related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Selected Dealer Agreement (KBS Real Estate Investment Trust III, Inc.), Selected Dealer Agreement (KBS Real Estate Investment Trust III, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC LLC)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Inspire Medical Systems, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Purchase Agreement (Orexigen Therapeutics, Inc.), Purchase Agreement (Orexigen Therapeutics, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Annovis Bio, Inc.), Underwriting Agreement (Annovis Bio, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or the Operating Company or any of the Company’s or Operating Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision all applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Old National Bancorp /In/), Underwriting Agreement (Atlantic Union Bankshares Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Byline Bancorp, Inc.), Underwriting Agreement (Byline Bancorp, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (United Community Banks Inc), Underwriting Agreement (United Community Banks Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (that applies to the “Sxxxxxxx-Xxxxx Act”)Company, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications, except as any such failure would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Uranium Royalty Corp.), Equity Distribution Agreement (Sandstorm Gold LTD)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Subscription Agreement (Dakota Gold Corp.), Subscription Agreement (Dakota Gold Corp.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Hawaiian Electric Co Inc), Equity Distribution Agreement (Hawaiian Electric Co Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.. (xxv)
Appears in 1 contract
Samples: Underwriting Agreement (CorEnergy Infrastructure Trust, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or and officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (with which the “Sxxxxxxx-Xxxxx Act”), including Section 402 related Company or any of its directors or officers is required to loans and Sections 302 and 906 related to certificationscomply.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationscertifications which failure would reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related with which any of them is required to loans and Sections 302 and 906 related to certificationscomply.
Appears in 1 contract
Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trust managers or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 of the Sxxxxxxx-Xxxxx Act related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)them is required to comply, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.
Appears in 1 contract
Samples: Underwriting Agreement (Spire Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Sarbanes Oxley Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Purchase Agreement (Theravance Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) to which it is or has been subject, including Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations regulations promulgated in connection therewith (that applies to the “Sxxxxxxx-Xxxxx Act”)Company, including including, without limitation, Section 402 related to loans and Sections 302 and 906 906 related to certifications., except as any such failure would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 (the “Sxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Underwriting Agreement (iClick Interactive Asia Group LTD)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, to the extent compliance is required as of the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Grocery Outlet Holding Corp.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 (the “Sxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated in connection therewith (which the “Sxxxxxxx-Xxxxx Act”), including Section 402 related Company is required to loans and Sections 302 and 906 related to certificationscomply with.
Appears in 1 contract
Samples: Underwriting Agreement (VWR Corp)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Purchase Agreement (TomoTherapy Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply comply, in all material respects respects, with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company's knowledge, any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the United States Sxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith (the “"Sxxxxxxx-Xxxxx Act”"), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Underwriting Agreement (North American Palladium LTD)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Resonant Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Rule 404(a) of Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.
Appears in 1 contract
Samples: Underwriting Agreement (Arena Group Holdings, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.
Appears in 1 contract
Samples: Purchase Agreement (Laclede Gas Co)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Peakstone Realty Trust)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in with all material respects with any provision provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, in each case, to the extent the Sxxxxxxx-Xxxxx Act applies to the Company.
Appears in 1 contract
Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s best knowledge after due inquiry, on the part of any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply in all material respects comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and and Sections 302 and 906 related to certifications.certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company, any other Reporting Company or any of the Company’s directors their respective directors, trustees or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Angion Biomedica Corp.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)with which they are required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 1 contract
Samples: Underwriting Agreement (Light Sciences Oncology Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (and that are applicable to the “Sxxxxxxx-Xxxxx Act”)Company, including Section 402 related to loans loans, Section 404 related to internal control over financial reporting and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications, in each case to the extent applicable to the Company.
Appears in 1 contract
Samples: Equity Distribution Agreement (AST SpaceMobile, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith thereunder or implementing the provisions thereof (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related ) that are in effect and which the Company is required to loans and Sections 302 and 906 related to certificationscomply with.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations regulations, and exchange listing requirements, promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)thereunder, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: At the Market Offering Agreement (Protalix BioTherapeutics, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) that are then in effect and which the Company is required to comply with as of the effectiveness of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the Company’s knowledge, UAP or any of the Company’s or UAP’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Underwriting Agreement (Agrium Inc)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors trustees or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated by the Commission in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Underwriting Agreement (Office Properties Income Trust)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (that are then in effect with which the “Sxxxxxxx-Xxxxx Act”)Company is required to comply as of the effectiveness of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Underwriting Agreement (Victory Capital Holdings, Inc.)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act with which any of 2002 and the rules and regulations promulgated them is required to comply in connection therewith (the “Sxxxxxxx-Xxxxx Act”)all material respects, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Equity Distribution Agreement (American States Water Co)
Compliance with the Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or (except to the extent that such failure would not reasonably be expected to cause a Material Adverse Effect) any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Samples: Purchase Agreement (Tektronix Inc)
