CONDITIONS OF OBLIGATIONS OF THE UNDERWRITER. The obligations of the Underwriter to purchase and pay for the Offered Securities will be subject to the condition that (i) all representations and warranties and other statements of the Company and the Selling Securityholders herein that are qualified by Material Adverse Effect or another materiality qualifier are, at and as of such Closing Date, true and correct and (ii) all representations and warranties and other statements of the Company and the Selling Securityholders herein that are not qualified by Material Adverse Effect or another materiality qualifier are, at and as of such Closing Date, true and correct in all material respects, the condition that the Company and the Selling Securityholders shall have performed all of its obligations hereunder theretofore to be performed and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Rockwood Holdings, Inc.), Underwriting Agreement (Rockwood Holdings, Inc.), Underwriting Agreement (Rockwood Holdings, Inc.)
