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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 Shares is subject to the condition that on or prior to each Closing Date no stop order suspending the effectiveness of the Registration Statement under the Act and any applicable state securities law shall have been issued and no proceedings for that or a similar purpose shall have been instituted or shall be pending or, or to the knowledge of the Company, threatened or contemplated by the Commission or any state securities commission. Further, the obligation of the Company to sell and deliver the Shares is subject to the accuracy of the representations of the Underwriter contained in Section 12.

Appears in 2 contracts

Samples: Underwriting Agreement (PRB Gas Transportation, Inc.), Underwriting Agreement (PRB GasTransportation, Inc.)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Shares Securities is subject to the condition that on or prior to each Closing Date Date, no stop order suspending the effectiveness of the Registration Statement under the Act and any applicable state securities law shall have been issued and no proceedings for that or a similar purpose shall have been instituted or shall be pending or, or to the knowledge of the Company, threatened or contemplated by the Commission or any state securities commission. Further, the obligation of the Company to sell and deliver the Shares Securities is subject to the accuracy of the representations of the Underwriter contained in Section 12.

Appears in 2 contracts

Samples: Underwriting Agreement (VirnetX Holding Corp), Underwriting Agreement (VirnetX Holding Corp)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Shares is subject to the condition that on or prior to each Closing Date Date, no stop order suspending the effectiveness of the Registration Statement under the Act and any applicable state securities law shall have been issued and no proceedings for that or a similar purpose shall have been instituted or shall be pending or, or to the knowledge of the Company, threatened or contemplated by the Commission or any state securities commission. Further, the obligation of the Company to sell and deliver the Shares is subject to the accuracy of the representations of the Underwriter contained in Section 12.

Appears in 1 contract

Samples: Underwriting Agreement (VirnetX Holding Corp)

CONDITIONS OF THE OBLIGATIONS OF THE COMPANY. The obligation of the Company to sell and deliver the Shares Units is subject to the condition that on or prior to each Closing Date no stop order suspending the effectiveness of the Registration Statement under the Act and any applicable state securities law shall have been issued and no proceedings for that or a similar purpose shall have been instituted or shall be pending or, or to the knowledge of the Company, threatened or contemplated by the Commission or any state securities commission. Further, the obligation of the Company to sell and deliver the Shares Units is subject to the accuracy of the representations of the Underwriter contained in Section 12.

Appears in 1 contract

Samples: Underwriting Agreement (JMG Exploration, Inc.)