Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 96 contracts
Samples: Underwriting Agreement (Kindly MD, Inc.), Underwriting Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (60 Degrees Pharmaceuticals, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 21 contracts
Samples: Underwriting Agreement (Better Therapeutics, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Synlogic, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 20 contracts
Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Synergy CHC Corp.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 20 contracts
Samples: Underwriting Agreement (NV5 Global, Inc.), Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (Quicklogic Corporation)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 20 contracts
Samples: Underwriting Agreement (Docola, Inc.), Underwriting Agreement (bioAffinity Technologies, Inc.), Underwriting Agreement (bioAffinity Technologies, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 17 contracts
Samples: Underwriting Agreement (REE Automotive Ltd.), Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Austin Gold Corp.)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters hereunder to purchase offer and sell the Shares are Securities and the Option Securities is subject to the accuracy, accuracy (as of the date hereof hereof, and at all times through as of the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), Dates) of and compliance with all representations, the representations and warranties and agreements of the Company contained herein, to the performance by the Company it of its agreement and obligations hereunder and to the following additional conditions:
Appears in 15 contracts
Samples: Underwriting Agreement (Genetic Vectors Inc), Underwriting Agreement (Cafe La France Inc), Underwriting Agreement (Genetic Vectors Inc)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 13 contracts
Samples: Underwriting Agreement (Saul Centers Inc), Underwriting Agreement (Levitt Corp), Underwriting Agreement (Jameson Inns Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 11 contracts
Samples: Underwriting Agreement (Catabasis Pharmaceuticals Inc), Underwriting Agreement (Active Power Inc), Underwriting Agreement (Pixelworks, Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of accuracy on the date hereof and at all times through the Closing Dateof this Underwriting Agreement, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable)Dates, of and compliance with all representations, warranties and agreements the representations of the Company contained hereinTrust and the Investment Adviser in this Underwriting Agreement, to the accuracy and completeness of all statements made by the Trust or the Investment Adviser or any of their respective officers in any certificate delivered to the Representatives or their counsel pursuant to this Underwriting Agreement, to performance by the Company Trust and the Investment Adviser of its their respective obligations hereunder under this Underwriting Agreement and to each of the following additional conditions:
Appears in 10 contracts
Samples: Underwriting Agreement (Eaton Vance Senior Income Trust), Eaton Vance Pennsylvania Municipal Income Trust, Eaton Vance Municipal Income Trust
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on the Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder in all material respects and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on the Date of Delivery, as applicable:
Appears in 10 contracts
Samples: Underwriting Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Anworth Mortgage Asset Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of accuracy on the date hereof and at all times through the Closing Dateof this Underwriting Agreement, and on each Option Closing Date (as if made on of the Closing Date or such Option Closing Date, as applicable)Dates, of and compliance with all representations, warranties and agreements the representations of the Company contained hereinFund and the Investment Manager in this Underwriting Agreement, to the accuracy and completeness of all material statements made by the Fund and the Investment Manager or any of their respective officers in any certificate delivered to the Managing Representative or its counsel pursuant to this Underwriting Agreement, to performance by the Company Fund and the Investment Manager of its their respective obligations hereunder under this Underwriting Agreement and to each of the following additional conditions:
Appears in 10 contracts
Samples: Underwriting Agreement (Pimco New York Municipal Income Fund), Underwriting Agreement (Pimco New York Municipal Income Fund Ii), Underwriting Agreement (Pimco Municipal Income Fund Ii)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, accuracy of the representations and warranties on the part of the Company hereunder as of the date hereof Initial Sale Time and at all times through the Closing DateTime, and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 9 contracts
Samples: Underwriting Agreement (OFS Capital Corp), Underwriting Agreement (OFS Credit Company, Inc.), Staffing Agreement (OFS Credit Company, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Underwriting Agreement (Tonix Pharmaceuticals Holding Corp.), Underwriting Agreement (Ideal Power Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters hereunder Underwriter to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, provided herein is subject to the performance by the Company and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Surgical Care Affiliates, Inc., Sirona Dental (Sirona Dental Systems, Inc.), Fleetcor Technologies Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (Superior Drilling Products, Inc.), Underwriting Agreement (Superior Drilling Products, Inc.), Underwriting Agreement (Superior Drilling Products, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Operating Partnership hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date of Delivery, as applicable (as if made on the Closing Date or and as of such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Operating Partnership of its their respective obligations hereunder and the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 7 contracts
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters hereunder to purchase offer and sell the Shares are Securities and the Option Securities is subject to the accuracy, accuracy in all material respects (as of the date hereof hereof, and at all times through as of the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), Dates) of and compliance in all material respects with all representations, the representations and warranties and agreements of the Company contained herein, to the performance by the Company it of its agreement and obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Nations Express (Nations Express Inc), Underwriting Agreement (Implant Sciences Corp), Underwriting Agreement (Nations Express Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (Biocept Inc)
Conditions of the Underwriters’ Obligations. The respective several obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such each Option Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, are subject to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Intec Pharma Ltd.), Underwriting Agreement (TVAX Biomedical, Inc.), Underwriting Agreement (TVAX Biomedical, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (iBio, Inc.), Underwriting Agreement (iBio, Inc.), Underwriting Agreement (Marina Biotech, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Date or any applicable Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (New Horizon Aircraft Ltd.), Underwriting Agreement (Biocept Inc), Underwriting Agreement (Celularity Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Securities at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, accuracy of the representations and warranties on the part of the Company hereunder as of the date hereof Initial Sale Time and at all times through the Closing DateTime, and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 5 contracts
Samples: Underwriting Agreement (OFS Capital Corp), Staffing Agreement (OFS Capital Corp), Underwriting Agreement (OFS Capital Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or at each Option Closing Time, as applicable:
Appears in 5 contracts
Samples: Underwriting Agreement (Applied Blockchain, Inc.), Underwriting Agreement (Rhodium Enterprises, Inc.), Underwriting Agreement (Stronghold Digital Mining, Inc.)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the First Closing Date or such on each Option Closing Date, as applicable), are subject to the accuracy of the representations and compliance with all representations, warranties and agreements on the part of the Company contained hereinhereunder on the date hereof and on the First Closing Date and on each Option Closing Date, as applicable, the performance by the Company of its covenants and other obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the First Closing Date or on each Option Closing Date, as applicable:
Appears in 5 contracts
Samples: Underwriting Agreement (GMH Communities Trust), Underwriting Agreement (GMH Communities Trust), Falcon Financial Investment Trust
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Catabasis Pharmaceuticals Inc), Underwriting Agreement (Wave Systems Corp), Underwriting Agreement (Quicklogic Corporation)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters hereunder Underwriter to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such the Option Shares on the Additional Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, as provided herein is subject to the performance by the Company and the Selling Stockholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: CommScope Holding Company, Inc., CommScope Holding Company, Inc., CommScope Holding Company, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Offered Securities at the Shares Closing Time are subject to the accuracy, as accuracy of the date hereof representations and at all times through the Closing Date, and on each Option Closing Date (as if made warranties on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements part of the Company contained hereinand the Seller hereunder on the date hereof, the Initial Sale Time and at the Closing Time, the performance by the Company of its covenants and other obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time:
Appears in 4 contracts
Samples: Underwriting Agreement (First NLC Securitization, Inc.), Underwriting Agreement (FBR Securitization, Inc.), Underwriting Agreement (First NLC Securitization, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (AmpliPhi Biosciences Corp), Underwriting Agreement (AmpliPhi Biosciences Corp), Underwriting Agreement (AmpliPhi Biosciences Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (RMG Networks Holding Corp), Underwriting Agreement (RMG Networks Holding Corp), Underwriting Agreement (Solitario Exploration & Royalty Corp.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Transaction Parties hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance in all material respects by the Company of its obligations hereunder and the Transaction Parties of their respective obligations hereunder, and the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 4 contracts
Samples: Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, Date and on each any Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (KIT Digital, Inc.), Underwriting Agreement (KIT Digital, Inc.), Underwriting Agreement (KIT Digital, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several ------------------------------------------- Underwriters hereunder to purchase Shares at the Shares Closing Time or on the Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder in all material respects and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on the Date of Delivery, as applicable:
Appears in 3 contracts
Samples: Innovative Solutions And (Innovative Solutions & Support Inc), Anworth Mortgage Asset Corp, Anworth Mortgage Asset Corp
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder hereunder, and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or at each Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Initial Closing Time or at the Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Initial Closing Date, Time and on each at the Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the satisfaction (or waiver by the Representatives) of the following additional conditionsfurther conditions at the Initial Closing Time or at the Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (CapLease, Inc.), Underwriting Agreement (CapLease, Inc.), Underwriting Agreement (CapLease, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on the Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Selling Stockholders in all material respects on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Selling Stockholders of its their respective obligations hereunder in all material respects and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on the Date of Delivery, as applicable:
Appears in 3 contracts
Samples: New Century Financial Corp, American Home Mortgage Holdings Inc, American Home Mortgage Holdings Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its their obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Massimo Group (Massimo Group), Underwriting Agreement (Massimo Group), Underwriting Agreement (Massimo Group)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Operating Partnership hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Operating Partnership of its their respective obligations hereunder and to the satisfaction of the following additional conditions:further conditions at the Closing Time or on each Date of Delivery, as applicable.
Appears in 3 contracts
Samples: Underwriting Agreement (Highland Hospitality Corp), Underwriting Agreement (Highland Hospitality Corp), Underwriting Agreement (Highland Hospitality Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on the Date of Delivery, as applicable, are several and not joint, and are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its respective obligations hereunder in all material respects and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on the Date of Delivery, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Opinion Research Corp), Underwriting Agreement (Opinion Research Corp), Underwriting Agreement (Opinion Research Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Initial Closing Time or at the Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Initial Closing Date, Time and on each at the Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the satisfaction of the following additional conditionsfurther conditions at the Initial Closing Time or at the Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Capital Lease Funding Inc), Underwriting Agreement (Capital Lease Funding Inc), Capital Lease Funding Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at all times through the Closing Datehereof, and on each Option Closing Date (as if made on the Closing Date or such Option Closing and any Settlement Date, as applicable), to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinmade in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Citigroup Inc), Underwriting Agreement (Citigroup Inc), Underwriting Agreement (Citigroup Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Parkervision Inc), Plug Power (Plug Power Inc), Underwriting Agreement (Plug Power Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to (i) the accuracyaccuracy of the representations and warranties on the part of the Company, as of on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 3 contracts
Samples: Underwriting Agreement (Horsehead Holding Corp), Underwriting Agreement (Horsehead Holding Corp), Underwriting Agreement (Horsehead Holding Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained hereinherein in all material respects, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Mobiquity Technologies, Inc.), Underwriting Agreement (Mobiquity Technologies, Inc.), Underwriting Agreement (Mobiquity Technologies, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase and pay for the Shares are Shares, as provided herein, shall be subject to the accuracy, continuing accuracy of the representations and warranties of the Company as of the date hereof and at all times through the Closing Date, and on as of each Option Closing Date (as if made on of the Closing Date or such and the Option Closing Date, as applicable)if any, to the accuracy of and compliance with all representations, warranties and agreements the statements of officers of the Company contained herein, made pursuant to the provisions hereof and to the performance by the Company of its obligations hereunder and to the following additional conditions:.
Appears in 3 contracts
Samples: Underwriting Agreement (Gentium S.p.A.), Underwriting Agreement (Gentium S.p.A.), Gentium S.p.A.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Offered Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option any 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, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option applicable Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its and their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Profire Energy Inc), Underwriting Agreement (Profire Energy Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Igi Laboratories, Inc), Underwriting Agreement (Tg Therapeutics, Inc.)
Conditions of the Underwriters’ Obligations. The respective Underwriters' obligations of the several Underwriters hereunder to purchase and pay for the Shares are subject to the accuracy, (as of the date hereof and at all times through hereof, the Closing Date, Time and on each the Option Closing Date (as if made on Exercise Time) to the Closing Date or such Option Closing Date, as applicable), accuracy of and compliance with all representations, the representations and warranties and agreements of the Company contained hereinherein and in each certificate and document contemplated under this Agreement to be delivered, to the performance by the Company of its obligations covenants and agreements hereunder and under each such certificate and document, and to the following additional conditions:
Appears in 2 contracts
Samples: Oak Hill Financial Inc, Flagstar Bancorp Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to (i) the accuracyaccuracy in all material respects of the representations and warranties of the Company contained herein, in each case, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicable), of and (ii) compliance with all representations, warranties and agreements of the Company contained herein, in each case at or prior to each Closing Date and (iii) the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Princeton Review Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Pioneer Power Solutions, Inc.), Underwriting Agreement (Pioneer Power Solutions, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Asv Holdings, Inc.), Underwriting Agreement (A.S.V., LLC)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder Underwriter to purchase the Shares Securities are subject to the accuracy, as of the date hereof hereof, and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Titan Pharmaceuticals Inc), Soligenix, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (ECOLOMONDO Corp INC.), Underwriting Agreement (Medical Transcription Billing, Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracyaccuracy in all material respects, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of all representations and compliance with all representations, warranties and agreements of the Company contained hereinherein (other than those representations and warranties of the Company that are qualified as to materiality, which shall be accurate in all respects), the performance compliance by the Company of with its obligations agreements hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Rada Electronic Industries LTD), Underwriting Agreement (Cpi Aerostructures Inc)
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Preferred Securities at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Trust and the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Trust and the Company of its their respective obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Westcoast Hospitality Capital Trust), Underwriting Agreement (Westcoast Hospitality Capital Trust)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters hereunder Underwriter to purchase the Underwritten Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such the Option Shares on the Additional Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Sirona Dental (Sirona Dental Systems, Inc.), Clovis Oncology, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters Underwriter hereunder to purchase the Shares are Offered Securities shall be subject to the accuracy, accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and at all times through as of the Closing Date, and on each Option Closing Date (as if made on to the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements accuracy of the Company contained hereinstatements of the Company, the Master Servicer [and the Special Servicer], made in any certificate pursuant to the provisions hereof, to the performance by the Company in all material respects of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Commercial Mortgage Acceptance Corp), Commercial Mortgage Acceptance Corp
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Pixelworks, Inc), Underwriting Agreement (Pixelworks, Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option any 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, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (UpHealth, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Underwritten Units are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Frankly Inc), Underwriting Agreement (Frankly Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase Shares at the Shares Closing Time or on each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Uranium Trading Corp), Underwriting Agreement (LCNB Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, Date and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, the performance by the Company and the Selling Stockholder of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Kid Brands, Inc), Underwriting Agreement (D. E. Shaw Laminar Portfolios, L.L.C.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.)
Conditions of the Underwriters’ Obligations. The respective obligations obligation of the several Underwriters Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Verb Technology Company, Inc.), Underwriting Agreement (Verb Technology Company, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Selling Shareholder of its each of their obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Roma Green Finance LTD), Underwriting Agreement (Roma Green Finance LTD)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracyaccuracy in all material respects, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance in all material respects by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares Securities are subject to the accuracyaccuracy of, as of the date hereof and hereof, at all times through the Closing Date, Date and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of ) and compliance with in all material respects with, all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Graymark Healthcare, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Shares, the Pre-Funded Warrants and the Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase and pay for the Shares are Securities as provided therein shall be subject to the accuracy, as of the date hereof of the Terms Agreement and at all times through the Closing Date, and on each Option Closing Date (as if made on the Firm Closing Date or such the Option Closing Date, as applicablethe case may be (as if made at such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions:
Appears in 2 contracts
Samples: Travelers (Travelers Capital Vii), Travelers Group Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase and pay for the Shares are shall be subject to the accuracy, accuracy of the representations and warranties of the Company set forth herein as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such and any Option Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements to the accuracy of the Company contained hereinstatements of the Company’s directors and officers, to the performance by the Company of its obligations hereunder and to the following additional conditions, except to the extent expressly waived in writing by the Representative:
Appears in 2 contracts
Samples: Underwriting Agreement (Bancshares of Florida Inc), Underwriting Agreement (Bancshares of Florida Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Firm Units, Option Shares and Option Warrants are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Mri Interventions, Inc.), Underwriting Agreement (Mri Interventions, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracyaccuracy in all material respects, unless qualified by materiality and then in all respects, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its their obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (GigPeak, Inc.), Underwriting Agreement (GigOptix, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholder contained herein, the performance by the Company and the Selling Shareholder of its their obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Fathom Holdings Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Palatin Technologies Inc), Underwriting Agreement (Palatin Technologies Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof hereof, and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Heat Biologics, Inc.), Underwriting Agreement (Heat Biologics, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance in all material respects with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Neuralstem, Inc.), Underwriting Agreement (Neuralstem, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (You on Demand Holdings, Inc.), Underwriting Agreement (Yuhe International, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or each Option Closing Time, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Patriot Risk Management, Inc.), Underwriting Agreement (Patriot Risk Management, Inc.)
Conditions of the Underwriters’ Obligations. The respective several obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such and each Option Closing Date, as applicable)the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, are subject to the performance by the Company and each of its the Selling Shareholders of their respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Capital Bancorp Inc), Underwriting Agreement (Coastal Financial Corp)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Luxurban Hotels Inc.), Reed's, Inc.
Conditions of the Underwriters’ Obligations. (a) The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracy, as accuracy of the representations and warranties on the part of the Company and the Operating Partnership hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company and the Operating Partnership of its their respective obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Highland Hospitality Corp), Feldman Mall Properties, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares Public Securities are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Lytus Technologies Holdings PTV. Ltd.), Underwriting Agreement (BioNano Genomics, Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, Date and on each any Option Closing Date (as if made on the Closing Date or at such Option Closing Date, as applicabledate), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its their respective obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Solta Medical Inc), Underwriting Agreement (KIT Digital, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder Underwriter to purchase and pay for the Shares are Shares, as provided herein, shall be subject to (i) the accuracy, continuing accuracy of the representations and warranties of the Company as of the date hereof and at all times through the Closing Date, and on as of each Option Closing Date (as if made on of the Closing Date or such and the Option Closing Date, as applicable), if any; (ii) the accuracy of and compliance with all representations, warranties and agreements the statements of officers of the Company contained herein, made pursuant to the provisions hereof; (iii) the performance by the Company of its obligations hereunder and (iv) the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Eco-Stim Energy Solutions, Inc.), Underwriting Agreement (Eco-Stim Energy Solutions, Inc.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: HighPeak Energy, Inc., HighPeak Energy, Inc.
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder to purchase the Shares and the ADSs are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on at the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Grand Farm Inc.), Underwriting Agreement (Kingtone Wirelessinfo Solution Holding LTD)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholders contained herein, the performance by the Company and the Selling Shareholders of its each of their obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (JBDI Holdings LTD), Underwriting Agreement (JBDI Holdings LTD)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters each Underwriter hereunder to purchase the Shares are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each 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, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Bionano Genomics, Inc), Underwriting Agreement (Bionano Genomics, Inc)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or on each Date of Delivery, as applicable, are subject to the accuracyaccuracy of the representations and warranties on the part of the Company, as of NYMC and the Founding Members hereunder on the date hereof and at all times through the Closing Date, Time and on each Option Closing Date (as if made on the Closing Date or such Option Closing Dateof Delivery, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company Company, NYMC and the Founding Members of its their respective obligations hereunder and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or on each Date of Delivery, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (New York Mortgage Trust Inc), New York Mortgage Trust Inc
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder Underwriter to purchase the Shares Securities are subject to the accuracy, as of the date hereof hereof, and at all times through the Closing Date, and on each Option Closing Date (as if made on the Closing Date or such Option Closing Date, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder and the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)
Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder to purchase Shares at the Shares Closing Time or at each Option Closing Time, as applicable, are subject to the accuracyaccuracy of the representations and warranties of the Company hereunder, as of on the date hereof and at all times through the Closing Date, Time and on at each Option Closing Date (as if made on the Closing Date or such Option Closing DateTime, as applicable), of and compliance with all representations, warranties and agreements of the Company contained herein, the performance by the Company of its obligations hereunder hereunder, and to the satisfaction of the following additional conditionsfurther conditions at the Closing Time or at each Option Closing Time, as applicable:
Appears in 2 contracts
Samples: Underwriting Agreement (Pacific DataVision, Inc.), Underwriting Agreement (Pacific DataVision, Inc.)
