Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 730 contracts
Samples: Underwriting Agreement (Concentra Group Holdings Parent, Inc.), Underwriting Agreement (Dyne Therapeutics, Inc.), Letter Agreement (Immunome Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 461 contracts
Samples: Underwriting Agreement (Brown & Brown, Inc.), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (Adobe Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 158 contracts
Samples: Underwriting Agreement (RayzeBio, Inc.), Underwriting Agreement (Nextracker Inc.), Underwriting Agreement (Sovos Brands, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 151 contracts
Samples: Underwriting Agreement (Trailblazer Merger Corp I), Underwriting Agreement (Trailblazer Merger Corp I), Warrant Agreement (Horizon Space Acquisition I Corp.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 92 contracts
Samples: Underwriting Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Ati Inc), Underwriting Agreement (Sixth Street Specialty Lending, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 64 contracts
Samples: Underwriting Agreement (ImmunoGen, Inc.), Underwriting Agreement (Immunogen Inc), Underwriting Agreement (Immunogen Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 56 contracts
Samples: Underwriting Agreement (Madison Square Garden Entertainment Corp.), Execution Version (Amkor Technology, Inc.), Underwriting Agreement (Madison Square Garden Entertainment Corp.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the an Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 35 contracts
Samples: Underwriting Agreement (Aptinyx Inc.), Underwriting Agreement (Akero Therapeutics, Inc.), Akero Therapeutics, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 29 contracts
Samples: Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Colfax CORP)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 28 contracts
Samples: Underwriting Agreement (Tactile Systems Technology Inc), Underwriting Agreement (SONDORS Inc.), Underwriting Agreement (Healthequity, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Shareholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 28 contracts
Samples: Underwriting Agreement (Fidelis Insurance Holdings LTD), Underwriting Agreement (Viking Holdings LTD), Underwriting Agreement (Fidelis Insurance Holdings LTD)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 23 contracts
Samples: Underwriting Agreement (Excelsa Acquisition Corp.), Underwriting Agreement (Excelsa Acquisition Corp.), Underwriting Agreement (Freedom Acquisition I Corp.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be 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 19 contracts
Samples: Lehman (GTCR Fund Vii Lp), Underwriting Agreement (Oklahoma Publishing Co Voting Trust), Underwriting Agreement (GTCR Fund Vii Lp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 19 contracts
Samples: Underwriting Agreement (Cheesecake Factory Inc), Cheesecake Factory Inc, Underwriting Agreement (Amag Pharmaceuticals Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 18 contracts
Samples: Underwriting Agreement (Grid Dynamics Holdings, Inc.), Underwriting Agreement (Nurix Therapeutics, Inc.), Underwriting Agreement (Revolution Medicines, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares ADSs on the Closing Date or the Option Shares ADSs on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 17 contracts
Samples: Underwriting Agreement (Dynacure S.A.), Underwriting Agreement (Freeline Therapeutics Holdings PLC), Underwriting Agreement (Zai Lab LTD)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Guarantors of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 16 contracts
Samples: Underwriting Agreement (Agco Corp /De), Underwriting Agreement (T-Mobile US, Inc.), T-Mobile US, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 16 contracts
Samples: Underwriting Agreement (Shake Shack Inc.), Akero Therapeutics, Inc., Erasca, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Selling Shareholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 16 contracts
Samples: Underwriting Agreement (Birkenstock Holding PLC), Underwriting Agreement (Games Global LTD), Underwriting Agreement (Birkenstock Holding LTD)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 15 contracts
Samples: Underwriting Agreement (Surgery Partners, Inc.), Gulfport Energy Corp, Albany International Corp /De/
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Manager of its their covenants and other obligations hereunder and to the following additional conditions:
Appears in 15 contracts
Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 13 contracts
Samples: Atlanta Braves Holdings, Inc., Graftech International LTD, Graftech International LTD
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 12 contracts
Samples: Underwriting Agreement (First Solar, Inc.), R1 RCM Inc. /DE, Underwriting Agreement (Brighthouse Financial, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Guarantor of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 11 contracts
Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Selling Stockholders of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 10 contracts
Samples: Sunnova Energy International Inc., Sunnova Energy International Inc., Sunnova Energy International Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 10 contracts
Samples: Synovus Financial (Synovus Financial Corp), Underwriting Agreement, Crinetics Pharmaceuticals, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares ADSs on the Closing Date or the Option Shares ADSs on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Shareholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 9 contracts
Samples: Letter Agreement (Canuelas Mill S.A.C.I.F.I.A.), Qiwi, Underwriting Agreement (Acquity Group LTD)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 9 contracts
Samples: BioAtla, Inc., Execution Version (Burlington Stores, Inc.), Execution Version (Burlington Stores, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (Otonomy, Inc.), Stoke Therapeutics, Inc., Prime Medicine, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, 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 7 contracts
Samples: Albany International Corp /De/, Underwriting Agreement (ASC Acquisition LLC), Surgical Care Affiliates, Inc.
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 7 contracts
Samples: Fox Factory Holding Corp, Fox Factory Holding Corp, Fox Factory Holding Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (Yoshitsu Co., LTD)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Broadstone Net Lease, Inc., Broadstone Net Lease, Inc., Aveo Pharmaceuticals Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 7 contracts
Samples: Owl Rock Capital Corp, TPG Specialty Lending, Inc., TPG Specialty Lending, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 7 contracts
Samples: Underwriting Agreement (Flagstar Bancorp Inc), LEGALZOOM.COM, Inc., EVERTEC, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Manager of its their covenants and other obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Transaction Entities and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: ESH Hospitality, Inc., ESH Hospitality, Inc., ESH Hospitality, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and the Selling Shareholders of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter the Underwriters to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (CareCloud, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: TPG Specialty Lending, Inc., TriVascular Technologies, Inc., TPG Specialty Lending, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Partnership of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Emerge Energy Services LP), Emerge Energy Services LP, Underwriting Agreement (Carlyle Group L.P.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each Selling Stockholder of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Trean Insurance Group, Inc., Trean Insurance Group, Inc., Underwriting Agreement (Teladoc, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and JEH LLC of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Jones Energy, Inc.), Jones Energy, Inc., Jones Energy, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Additional Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: www.sec.gov, Underwriting Agreement (Fiat Chrysler Automobiles N.V.), Penn Virginia Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders severally of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: MediaAlpha, Inc., MediaAlpha, Inc., MediaAlpha, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 in all material respects and to the following additional conditions:
Appears in 4 contracts
Samples: Acushnet Holdings Corp., Acushnet Holdings Corp., Blue Buffalo Pet Products, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to subscribe for and purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein herein, is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Letter Agreement (Globant S.A.), Letter Agreement (Globant S.A.), Globant S.A.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the any Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Vital Energy, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Company, Holding and each of its the Selling Stockholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Vantiv, Inc.
Conditions of Underwriters’ Obligations. The obligation obligations of each Underwriter the several Underwriters to purchase the Underwritten Firm Shares on the Closing Date or and the Option Shares Shares, if any, on the Additional Option Closing Date, as the case may be, as provided herein is are subject to the performance by the Company of its respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (EQT Corp), Master Purchase Agreement (EQT Corp), Underwriting Agreement (EQT Corp)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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: Nielsen N.V., Nielsen N.V., Nielsen N.V.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Firm Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Granite Point Mortgage Trust Inc.), Underwriting Agreement (Granite Point Mortgage Trust Inc.), IESI-BFC LTD
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company or Xxxxxxxx Xxxx, jointly and severally, and the Selling Stockholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Letter Agreement (Hamilton Lane INC), Hamilton Lane INC, Hamilton Lane INC
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and Evolent Health, jointly and severally, of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Evolent Health, Inc., Evolent Health, Inc., Evolent Health, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the an Additional Closing Date, as the case may be, 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 3 contracts
Samples: Haynes International Inc, Haynes International Inc, Haynes International Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Initial Shares on the Closing Date or and the Option Shares Shares, if any, on the Additional Closing Date, as the case may be, a Date of Delivery as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Lock Up Agreement (Black Knight, Inc.), Black Knight Financial Services, Inc., Fidelity National Financial, Inc.
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Company, Holding and the Selling Stockholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Lock Up Agreement (Vantiv, Inc.), Lock Up Agreement (Vantiv, Inc.), Vantiv, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date and the Option Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Pearl Diver Credit Co Inc., Owl Rock Capital Corp, Owl Rock Capital Corp
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares Units on the Closing Date or the Option Shares Units on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Generation Asia I Acquisition LTD), Underwriting Agreement (AF Acquisition Corp.), AF Acquisition Corp.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is herein, are subject to the performance by the Company and each of its the Selling Shareholders of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm ADSs on the Closing Date or the Option Shares ADSs on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Materialise Nv), Underwriting Agreement (Materialise Nv), Pricing Agreement (Innocoll GmbH)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, 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 3 contracts
Samples: Underwriting Agreement (D-Market Electronic Services & Trading), Underwriting Agreement (DoubleDown Interactive Co., Ltd.), DoubleDown Interactive Co., Ltd.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Closing Date or the Additional Closing Date, as the case may be, 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 3 contracts
Samples: Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Graftech International LTD)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Oasis Petroleum Inc.), Credit Agreement (Oasis Petroleum Inc.), Oasis Petroleum Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein herein, is subject to the performance by the Company and each of its the Selling Stockholders of their covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Wj Communications Inc), Underwriting Agreement (Catapult Communications Corp), Catapult Communications Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company, in the case of the Closing Date, and the Company and each of its the Selling Stockholders, in the case of the Additional Closing Date, of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Michaels Companies, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by each of the Company and the Operating Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Strategic Hotels & Resorts, Inc), Strategic Hotels & Resorts, Inc, Strategic Hotels & Resorts, Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the each Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Athenex, Inc.), Underwriting Agreement (Athenex, Inc.), Underwriting Agreement (Athenex, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Initial Securities on the Closing Date or the Option Shares Securities on the Closing Date or the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Administration Agreement (Sixth Street Specialty Lending, Inc.), Administration Agreement (Sixth Street Specialty Lending, Inc.), Administration Agreement (Sixth Street Specialty Lending, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders, as applicable, of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Letter Agreement (Q2 Holdings, Inc.), Letter Agreement (Q2 Holdings, Inc.), Underwriting Agreement (Q2 Holdings, Inc.)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Healthequity Inc), Underwriting Agreement (Healthequity Inc), Healthequity Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter of the Underwriters to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 3 contracts
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Securities on the Additional Option Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Brunswick Corp, Brunswick Corp, Brunswick Corp
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares and Class A Debentures, if applicable, on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (E Trade Financial Corp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Management Agreement (Arbor Realty Trust Inc), Arbor Realty Trust Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Trinity Industries Inc), Underwriting Agreement (Trinity Industries Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein herein, is subject to the performance by the Company and the Selling Stockholder of its their covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Mattson Technology Inc, Steag Electronic Systems Ag
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as provided herein herein, is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Petroquest Energy Inc), Cell Genesys Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, 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 to be complied with prior to the Closing Date, or the Additional Closing Date, as the case may be, and to the following additional conditions:
Appears in 2 contracts
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company Laredo Holdings of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Laredo Petroleum Holdings, Inc.), Laredo Petroleum Holdings, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Rosetta Resources Inc., Tenneco Automotive Inc
Conditions of Underwriters’ Obligations. The obligation of (x) each Underwriter to purchase the Underwritten Shares on the Closing Date or and (y) the Option Forward Seller to sell the Borrowed Firm Shares to the Underwriters on the Additional Closing Date, as the case may be, Date as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or and the Option Shares on the any Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Penn Virginia Corp, Penn Virginia Corp
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company and the Selling Shareholder of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Continental Resources Inc), Continental Resources Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Additional Securities on the an Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Sonosite Inc), Underwriting Agreement (TTM Technologies Inc)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (E TRADE FINANCIAL Corp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Additional Shares on the Additional Option Closing Date, as the case may beapplicable, 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 2 contracts
Samples: Underwriting Agreement (Nasdaq, Inc.), Borse Dubai LTD
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the First Closing Date or the Option Shares Optional Securities on the Additional Second Closing Date, as the case may be, as provided herein is subject to the performance by the Company Issuer of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Aptiv PLC), Aptiv PLC
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company and each of its the Selling Stockholders, as the case may be, of their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: ReachLocal Inc, ReachLocal Inc
Conditions of Underwriters’ Obligations. The obligation several obligations of each Underwriter the Underwriters to purchase and pay for the Underwritten Firm Shares on the Closing Date or the Option Shares on and the Additional Closing Date, as the case may beShares, as provided herein is herein, shall be subject to the performance by absence from any certificates, opinions, written statements or letters furnished pursuant to this Section 9 to the Company Underwriters or to Underwriters' counsel of its covenants and other obligations hereunder any misstatement or omission and to the satisfaction of each of the following additional conditions, except that with respect to the Additional Shares, references to the Closing Date shall mean the Option Closing Date:
Appears in 2 contracts
Samples: Underwriting Agreement (MGC Communications Inc), Underwriting Agreement (MGC Communications Inc)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: South Jersey (South Jersey Industries Inc), Cliffs Natural Resources Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or or, if applicable, the Option Shares on the Closing Date or any Additional Closing Date, as the case may be, 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: Underwriting Agreement (Nymex Holdings Inc), Nymex Holdings Inc
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Securities on the Closing Date or the Option Shares Securities on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the an Additional Closing Date, as the case may be, as provided herein is subject to the performance by by, with respect to the Closing Date or the Additional Closing Date, as the case may be, the Company and, with respect to the Closing Date only, 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: DealerTrack Holdings, Inc., DealerTrack Holdings, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, be as provided herein is subject to the performance by the Company and the Selling Stockholders of its their respective covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Obagi Medical Products, Inc.), Obagi Medical Products, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the any Additional Closing Date, as the case may be, 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: Underwriting Agreement (Consensus Cloud Solutions, Inc.), Laredo Petroleum Holdings, Inc.
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares Firm Securities on the Closing Date or the Option Shares Additional Securities on the an Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: TTM Technologies Inc, TTM Technologies Inc
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by each of the Company and the Selling Stockholder of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Civitas Resources, Inc., Canada Pension Plan Investment Board
Conditions of Underwriters’ Obligations. The obligation of each Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the each Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (E Trade Financial Corp), Underwriting Agreement (Citadel L P)
Conditions of Underwriters’ Obligations. The obligation of each the Underwriter to purchase the Underwritten Shares on the Closing Date or the Option Shares on the Additional Closing Date, as the case may be, as provided herein is subject to the performance by the Company or Xxxxxxxx Xxxx, jointly and severally, 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: Hamilton Lane INC, Hamilton Lane INC
