Common use of CONDITIONS OF THE OBLIGATIONS OF THE COMPANY Clause in Contracts

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Securities is subject to the execution of this Agreement by the Company, and to the following conditions: (i) The Registration Statement shall have become effective not later than 5:00 p.m., Eastern Time, on the date of this Agreement, or on such later time or date as the Company and the Underwriter may agree in writing; and (ii) At the Closing Date and the Option Closing Date, no stop orders suspending the effectiveness of the Registration Statement shall have been issued under the Act or any proceedings therefore initiated or threatened by the Commission. If the conditions to the obligations of the Company provided for in this Section have been fulfilled on the Closing Date but are not fulfilled after the Closing Date and prior to the Option Closing Date, then only the obligation of the Company to sell and deliver the Securities on exercise of the option provided for in Section 2(b) hereof shall be affected.

Appears in 9 contracts

Samples: Underwriting Agreement (Oregon Baking Co Dba Marsee Baking), Underwriting Agreement (Precis Smart Card Systems Inc), Underwriting Agreement (Cropking Inc)

AutoNDA by SimpleDocs

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the -------------------------------------------- Company to sell and deliver the Securities is subject to the execution of this Agreement by the Company, and to the following conditions: (i) The Registration Statement shall have become effective not later than 5:00 p.m., Eastern Time, on the date of this Agreement, or on such later time or date as the Company and the Underwriter Representative may agree in writing; and (ii) At the Closing Date and the Option Closing Date, no stop orders suspending the effectiveness of the Registration Statement shall have been issued under the Act or any proceedings therefore initiated or threatened by the Commission. If the conditions to the obligations of the Company provided for in this Section have been fulfilled on the Closing Date but are not fulfilled after the Closing Date and prior to the Option Closing Date, then only the obligation of the Company to sell and deliver the Securities on exercise of the option Option provided for in Section 2(b) hereof shall be affected.

Appears in 4 contracts

Samples: Underwriting Agreement (Nei Webworld Inc), Underwriting Agreement (U S Remodelers Inc), Underwriting Agreement (U S Remodelers Inc)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Securities is subject to the execution of this Agreement by the Company, and to the following conditions: (i) The Registration Statement shall have become effective not later than 5:00 p.m., Eastern Time, on the date of this Agreement, or on such later time or date as the Company and the Underwriter Representative may agree in writing; and (ii) At the Closing Date and the Option Closing Date, no stop orders suspending the effectiveness of the Registration Statement shall have been issued under the Act or any proceedings therefore initiated or threatened by the Commission. If the conditions to the obligations of the Company provided for in this Section have been fulfilled on the Closing Date but are not fulfilled after the Closing Date and prior to the Option Closing Date, then only the obligation of the Company to sell and deliver the Securities on exercise of the option Option provided for in Section 2(b) hereof shall be affected.

Appears in 4 contracts

Samples: Underwriting Agreement (Aviation Group Inc), Underwriting Agreement (Pawnmart Inc), Underwriting Agreement (Commerce Casualty Group Inc)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Securities is subject to the execution of this Agreement by the Company, and to the following conditions: (i) The Registration Statement shall have become effective not later than 5:00 p.m., Eastern Time, on the date of this Agreement, or on such later time or date as the Company and the Underwriter Representative may agree in writing; and (ii) At the Closing Date and the Option Closing Date, no stop orders suspending the effectiveness of the Registration Statement shall have been issued under the Act or any proceedings therefore initiated or threatened by the Commission. If the conditions to the obligations of the Company provided for in this Section have been fulfilled on the Closing Date but are not fulfilled after the Closing Date and prior to the Option Closing Date, then only the obligation of the Company to sell and deliver the Securities on exercise of the option provided for in Section 2(b) hereof shall be affected.

Appears in 3 contracts

Samples: Underwriting Agreement (Andean Development Corp), Underwriting Agreement (E Net Inc), Underwriting Agreement (Didax Inc)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Securities is subject to the execution of this Agreement by the Company, and to the following conditions: (i) The Registration Statement shall have become effective not later than 5:00 p.m., Eastern Time, on the date of this Agreement, or on such later time or date as the Company and the Underwriter Representatives may agree in writing; and (ii) At the Closing Date and the Option Closing Date, no stop orders suspending the effectiveness of the Registration Statement shall have been issued under the Act or any proceedings therefore initiated or threatened by the Commission. If the conditions to the obligations of the Company provided for in this Section have been fulfilled on the Closing Date but are not fulfilled after the Closing Date and prior to the Option Closing Date, then only the obligation of the Company to sell and deliver the Securities on exercise of the option Option provided for in Section 2(b) hereof shall be affected.

Appears in 2 contracts

Samples: Underwriting Agreement (Performance Printing Corp), Underwriting Agreement (Performance Printing Corp)

AutoNDA by SimpleDocs

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Securities is subject to the execution of this Agreement by the Company, and to the following conditions: (i) The Registration Statement shall have become effective not later than 5:00 p.m., Eastern Time, on the date of this Agreement, or on such later time or date as the Company and the Underwriter Representative may agree in writing; and (ii) At the Closing Date and the Option Closing Date, no stop orders suspending the effectiveness of the Registration Statement shall have been issued under the Act or any proceedings therefore initiated or threatened by the Commission. If the conditions to the obligations of the Company provided for in this Section have been fulfilled on the Closing Date but are not fulfilled after the Closing Date and prior to the Option Closing Date, then only the obligation of the Company to sell and deliver the Securities on exercise of the option provided for in Section 2(b) hereof shall be affected.

Appears in 1 contract

Samples: Underwriting Agreement (Gateway American Properties Corp)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Securities is subject to the execution of this Agreement by the Company, and to the following conditions: (i) The Registration Statement shall have become effective not later than 5:00 p.m., Eastern Time, on the date of this Agreement, or on such later time or date as the Company and the Managing Underwriter may agree in writing; and (ii) At the Closing Date and the Option Closing Date, no stop orders suspending the effectiveness of the Registration Statement shall have been issued under the Act or any proceedings therefore initiated or threatened by the Commission. If the conditions to the obligations of the Company provided for in this Section have been fulfilled on the Closing Date but are not fulfilled after the Closing Date and prior to the Option Closing Date, then only the obligation of the Company to sell and deliver the Securities on exercise of the option provided for in Section 2(b) hereof shall be affected.

Appears in 1 contract

Samples: Underwriting Agreement (Precis Smart Card Systems Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!