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

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the Closing Date and the Option Closing Date (as if made on the Closing Date or Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 13 contracts

Samples: Underwriting Agreement (Eyenovia, Inc.), Warrant Agent Agreement (Nexeon Medsystems Inc), Underwriting Agreement (Eyenovia, Inc.)

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Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the Closing Date and the Option Closing Date (as if made on at the Closing Date or Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 10 contracts

Samples: Underwriting Agreement (Pedevco Corp), Underwriting Agreement (Harvard Apparatus Regenerative Technology, Inc.), Underwriting Agreement (Document Security Systems Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the Closing Date and the Option Closing Date (as if made on at the Closing Date or Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 5 contracts

Samples: Underwriting Agreement (Cinedigm Digital Cinema Corp.), Purchase Agreement (Natus Medical Inc), Underwriting Agreement (Chinacast Education Corp)

Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the Closing Date and the Option Closing Date (as if made on the Closing Date or Option Closing Date, as applicable), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)

Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the Closing Date and the Option Closing Date (as if made on the Closing Date or Option such Closing Date, as applicable), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:

Appears in 4 contracts

Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Option Second Closing Date (as if made on the Closing Date or Option at such Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Vertex Energy Inc.), Purchase Agreement (EnteroMedics Inc), Purchase Agreement (EnteroMedics Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the Closing Date and the Option Closing Date (as if made on at the Closing Date or Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder to be performed on or prior to the Closing Date and to the following additional conditions:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Imax Corp), Securities Purchase Agreement (Imax Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the Closing Date and the Option Closing Date (as if made on the Closing Date or Option at such Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Top Image Systems LTD), Underwriting Agreement (TearLab Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the Closing Date and the Option Closing Date (as if made on the Closing Date or Option such Closing Date, as applicable), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:

Appears in 2 contracts

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

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Option Second Closing Date (as if made on the at such Closing Date or Option Closing Date, as applicableDates), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (S1 Biopharma, Inc.), Purchase Agreement (S1 Biopharma, Inc.)

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Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder are shall be subject to the accuracy, as continuing accuracy of the date hereof representations and at each warranties of the Company herein as of the Closing Date and the each Option Closing Date (Date, if any, as if they had been made on and as of the Closing Date or each Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:case may be; the

Appears in 1 contract

Samples: Karts International Inc

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Option Second Closing Date (as if made on the Closing Date or Option at such Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Warrant Agreement (Magnegas Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Option Second Closing Date (as if made on the Closing Date or Option at such Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Magnegas Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each hereof, as of the Closing Date and Applicable Time, as of the Option Closing Date (as if made on the Closing Date) and as of any Option closing Date or (as if made on such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Lpath, Inc)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the Closing Date (as if made at such Closing Date) and at the Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (TearLab Corp)

Conditions of the Underwriters’ Obligations. The obligations of the Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Option Second Closing Date (as if made on the Closing Date or Option at such Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Magnegas Corp)

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