Common use of Conditions of the Obligations of the Underwriter Clause in Contracts

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (Regal Entertainment Group), Earthlink Inc, Vca Antech Inc

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Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on such Closing Date), to the accuracy of the statements of Company the Company’s officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 3 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder in all material respects and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Employment Agreement (QCP GP Investors II LLC), Underwriting Agreement (Dice Holdings, Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Partnership herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Capital Automotive Reit), Underwriting Agreement (Capital Automotive Reit)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Sunpower Corp), Underwriting Agreement (Sunpower Corp)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinPartnership Parties herein (as though made on such Closing Date), to the accuracy of the statements of Company the Partnership Parties’ officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Partnership Parties of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Hi-Crush Partners LP), Underwriting Agreement (Hi-Crush Partners LP)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on the Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (William Lyon Homes), Underwriting Agreement (Annie's, Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Talos Energy Inc.), Underwriting Agreement (Nexstar Broadcasting Group Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Regal Entertainment Group), Underwriting Agreement (Regal Entertainment Group)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Spirit AeroSystems Holdings, Inc.), Yankee Candle Co Inc

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Underwriting Agreement (Adecoagro S.A.), Adecoagro S.A.

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be are subject to the accuracy of the representations and warranties on the part of the Company and herein as of the Selling Stockholder hereinClosing Date, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 2 contracts

Samples: Palatin Technologies Inc, La Jolla Pharmaceutical Co

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein (as though made on the Closing Date), to the accuracy of the statements of Company officers and the Selling Stockholder made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (TUTOR PERINI Corp)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and herein as of the Selling Stockholder hereinClosing Date, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Digital River Inc /De)

Conditions of the Obligations of the Underwriter. The obligations obligation of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Young Broadcasting Inc /De/)

Conditions of the Obligations of the Underwriter. The obligations obligation of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional applicable Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company herein on the date hereof and on the Selling Stockholder hereinapplicable Closing Date, to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Calpine Corp

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Spirit AeroSystems Holdings, Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder each Subsidiary Guarantor herein, to the accuracy of the statements of officers of the Company officers and each Subsidiary Guarantor made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder each Subsidiary Guarantor of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Energy Corp)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities Shares on the First Closing Date and the Optional Securities to be purchased Option Shares on each Optional the Second Closing Date will shall be subject to the accuracy of the representations and warranties on the part of the Company herein set forth as of the date hereof and as of the Selling Stockholder hereinFirst Closing Date or the Second Closing Date, as the case may be, to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder hereunder, and to the following additional conditions precedentconditions:

Appears in 1 contract

Samples: 2nd Swing Inc

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy in all material respects of the representations and warranties on the part of the Company and the Selling Stockholder Securityholders herein, to the accuracy in all material respects of the statements of Company officers made pursuant to the provisions hereof, to the performance in all material respects by the Company and the Selling Stockholder Securityholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Aviall Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities Shares on the First Closing Date and the Optional Securities Shares to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein set forth, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Earthlink Network Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Douglas Dynamics, Inc)

Conditions of the Obligations of the Underwriter. The obligations obligation of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on the Closing Date), to the accuracy of the statements of Company officers and those made by or on behalf of the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Talos Energy Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each the Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder herein, to the accuracy of the statements of Company the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Apex Mortgage Capital Inc

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on the Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Talos Energy Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company Bank and the Selling Stockholder herein, to the accuracy of the statements of Company Bank officers made pursuant to the provisions hereof, to the performance by the Company Bank and the Selling Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Banco Santander Chile

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinManager herein (as though made on such Closing Date), to the accuracy of the statements of officers of the Company officers and the Manager made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Manager of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Two Harbors Investment Corp.)

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Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Peabody Energy Corp)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities Shares on the First Closing Date and the Optional Securities Shares to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Nuance Communications, Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinShareholders herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Shareholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Stoneridge Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Pacer International Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein as though made on the Closing Date, to the accuracy of the statements of Company and Selling Stockholder officers and authorized signatories made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder hereunder, and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Green Brick Partners, Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Talos Energy Inc.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on the Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Nexstar Broadcasting Group Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities Shares on the First Closing Date and the Optional Securities Shares to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinShareholders herein (as though made on such Closing Date), to the accuracy of the statements of Company Company’s officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Shareholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (RISE Education Cayman LTD)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder each Issuer herein, to the accuracy of the statements of Company officers the Issuers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder each Issuer of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Purchase Contract Agreement (Teco Energy Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Stockholders herein, to the accuracy of the statements certificates of Company officers made delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Energy Partners LTD

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Life Time Fitness Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Stockholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their respective obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Pacer International Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinManager herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Manager of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Resource Capital Corp.)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date Date, if any, will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinStockholders herein (as though made on the Closing Date), to the accuracy of the statements of officers of the Company officers and the Selling Stockholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Stockholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Mosaic Co)

Conditions of the Obligations of the Underwriter. The obligations obligation of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company herein on the date hereof and on the Selling Stockholder hereinClosing Date, to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Calpine Corp)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder Shareholders herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder Shareholders of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Integrated Circuit Systems Inc)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder hereinherein (as though made on the Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (William Lyon Homes)

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder herein, to the accuracy of the statements of officers of the Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their its obligations hereunder and to the following additional conditions precedent:

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Energy Corp)

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