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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 15 contracts

Samples: Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Underwriting Agreement (Coldwater Creek Inc)

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Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 14 contracts

Samples: Underwriting Agreement (PubMatic, Inc.), Underwriting Agreement (OptiNose, Inc.), Underwriting Agreement (OptiNose, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 12 contracts

Samples: Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Shareholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Shareholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 8 contracts

Samples: Underwriting Agreement (Concord Communications Inc), Underwriting Agreement (Anaren Microwave Inc), Underwriting Agreement (Universal American Financial Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 6 contracts

Samples: Underwriting Agreement (Convergent Group Corp), Underwriting Agreement (Applied Science & Technology Inc), Underwriting Agreement (Mypoints Com Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder set forth in Sections 1(A) and 1(B) Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Holley Inc.), Underwriting Agreement (Mirati Therapeutics, Inc.), Underwriting Agreement (Evolus, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Axsys Technologies Inc), Underwriting Agreement (Barnes Group Inc), Underwriting Agreement (American Banknote Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, Date shall be subject to the accuracy of the respective representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof Section 1 as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Netegrity Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Firm Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Underwriting Agreement (Texas Roadhouse, Inc.), Underwriting Agreement (Texas Roadhouse, Inc.), Underwriting Agreement (Texas Roadhouse, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Petroleum Development Corp), Underwriting Agreement (Petroleum Development Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof hereof, respectively, as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Novatel Wireless Inc), Underwriting Agreement (Cornerstone Brands Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) ), respectively, hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

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

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Shareholder set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Shareholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (American Finance Group Inc /De/), Underwriting Agreement (Photon Dynamics Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections Section 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Symmetry Medical Inc.), Underwriting Agreement (Scientific Learning Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:.

Appears in 1 contract

Samples: Underwriting Agreement (Dycom Industries Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Molina Healthcare Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares and the Warrant as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second any Subsequent Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) 1.A and 1(B) 1.B hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second any Subsequent Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Ruths Chris Steak House, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares Offered ADSs as provided herein on the First Closing Date and, with respect to the Optional Common SharesADSs, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Shareholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common SharesADSs, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Shareholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Luxfer Holdings PLC)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders in all material respects of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (TTM Technologies Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company Company, the Partnership and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof herein, respectively, as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Realty Trust)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Offered Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) Section 1 ("Representations and 1(BWarranties of the Company") hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Offered Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Hanover Capital Mortgage Holdings Inc)

Conditions of the Obligations of the Underwriters. The respective obligations of the several Underwriters hereunder to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(ASection 1(I) and 1(Bon the part of the Selling Stockholder set forth in Section 1(II) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance in all material respects by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Corporatefamily Solutions Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Company, Selling Stockholders and X. Xxxxxx set forth in Sections 1(A) Section 1.A., 1.B. and 1(B) 1. C. hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Company, Selling Stockholders and X. Xxxxxx of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Chefs' Warehouse, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder, as the case may be, set forth in Sections 1(A) 1 and 1(B) 2, respectively, hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Gulfport Energy Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Netgear Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second any Subsequent Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Subsequent Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Synagro Technologies Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Shareholders set forth in Sections 1(A) and 1(B) Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Shareholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Analytical Surveys Inc)

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Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder set forth in Section 1, Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Proassurance Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Firm Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Integrated Information Systems Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Offered Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder set forth in Section 1 Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second each Option Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Alphatec Holdings, Inc.)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Stockholders, of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Hall Kinion & Associates Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Shareholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Shareholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Quest Software Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein herein, on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Hybrid Networks Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the First Closing Date or the Second Closing Date, as applicable, shall be subject (a) to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Stockholder set forth in Sections 1(A) and 1(B) Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the First Closing Date or the Second Closing Date Date, as applicable, as though then made, (b) to the timely performance by the Company and the Selling Stockholders Stockholder of their respective covenants and other obligations hereunder, and (c) to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Streamline Com Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Shareholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Shareholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:: (a)

Appears in 1 contract

Samples: Underwriting Agreement (Hutchinson Technology Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A1(a) and 1(B1(b) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Landrys Restaurants Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy in all materials respects of the representations and warranties on the part of the Company and the Selling Stockholders Shareholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Shareholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Orthovita Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Principal Stockholder set forth in Sections 1(A) and 1(B) Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Principal Stockholder of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Goracing Com Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common SharesCompany only, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Garden Fresh Restaurant Corp /De/)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) ), respectively, hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (U S Restaurant Properties Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders Principal Shareholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders Principal Shareholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Melita International Corp)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the purchase of the Optional Common SharesShares after the First Closing Date, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(B) Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Vacation Properties International Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the respective Selling Stockholders set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Molina Healthcare Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and Company, the Selling Stockholders and Summit Entities set forth in Sections 1(A) and 1(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (MCK Communications Inc)

Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Common Shares as provided herein on the First Closing Date and, with respect to the Optional Common Option Shares, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Sections 1(A) and 1(Bl(B) hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Common Option Shares, as of the Second Closing Date as though then made, to the timely performance by the Company and the Selling Stockholders of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Charlotte Russe Holding Inc)

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