Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 119 contracts
Samples: Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Duos Technologies Group, Inc.)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 53 contracts
Samples: Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at on each Closing Date, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 40 contracts
Samples: Underwriting Agreement (MDxHealth SA), Underwriting Agreement (Nkarta, Inc.), Underwriting Agreement (Humacyte, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 21 contracts
Samples: Underwriting Agreement (Progenity, Inc.), Underwriting Agreement (Inotiv, Inc.), Purchase Agreement (Qumu Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 13 contracts
Samples: Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.), Underwriting Agreement (Aziyo Biologics, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 13 contracts
Samples: Purchase Agreement (OncoCyte Corp), Purchase Agreement (OncoCyte Corp), Purchase Agreement (Zosano Pharma Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:
Appears in 11 contracts
Samples: Underwriting Agreement (Zynex Inc), Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Crexendo, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 8 contracts
Samples: Underwriting Agreement (BioPharmX Corp), Underwriting Agreement (BioPharmX Corp), Underwriting Agreement (BioPharmX Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are shall be subject to (i) the accuracy, continuing accuracy of the representations and warranties of the Company as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to ; (ii) the performance by the Company of its obligations hereunder and to (iii) the following additional conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (MDJM LTD), Underwriting Agreement (Agm Group Holdings, Inc.), Underwriting Agreement (Hexindai Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracyaccuracy of the representations and warranties of the Company contained in this Agreement as of the date hereof, as of the date hereof and at Closing Date, and, if applicable, any Option Closing Date, in each of the First Closing Date and the Second Closing Date (case as if made at on and as of such Closing Date)date, to the accuracy of and compliance with all representations, warranties and agreements the statements of the Company contained hereinin certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 7 contracts
Samples: Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 6 contracts
Samples: Underwriting Agreement (Immucell Corp /De/), Underwriting Agreement (Immucell Corp /De/), Purchase Agreement (Immucell Corp /De/)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 5 contracts
Samples: Underwriting Agreement, Underwriting Agreement (AMERI Holdings, Inc.), Underwriting Agreement (AMERI Holdings, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements made in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and obligations hereunder hereunder, and to the following additional further conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Akoustis Technologies, Inc.), Underwriting Agreement (Akoustis Technologies, Inc.), Underwriting Agreement (Minim, Inc.)
Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company and the Operating Partnership contained hereinin Section 1(a) hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Equity Office Properties Trust), Underwriting Agreement (Eop Operating LTD Partnership)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are shall be subject to the material accuracy, at and (except as otherwise stated herein) as of the date hereof and at each and as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Dates, of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance made herein by the Company and the Selling Stockholders, to compliance at and as of its obligations hereunder the Closing Dates by the Company and the Selling Stockholders with their covenants and agreements herein contained and other provisions hereof to be satisfied at or prior to the Closing Dates, and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Telemate Net Software Inc), Underwriting Agreement (Softworks Inc), Underwriting Agreement (Softworks Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its it obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Purchase Agreement (Cachet Financial Solutions, Inc.), Purchase Agreement (Cachet Financial Solutions, Inc.), Purchase Agreement (Cachet Financial Solutions, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Baudax Bio, Inc.), Underwriting Agreement (Quicklogic Corporation), Purchase Agreement (SMTP, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements made in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (DZS Inc.), Underwriting Agreement (DZS Inc.), Underwriting Agreement (Celsius Holdings, Inc.)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each on the Closing Date or the Option Closing Date, as the case may be, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 4 contracts
Samples: Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the any Second Closing Date (as if made at such Closing Date), of all representations and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders, in all material respects, of its their respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (K2m Group Holdings, Inc.), Underwriting Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as when made and on the Closing Date or any Option Closing Date, of the date hereof representations and at each warranties of the First Closing Date Trust and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinin this Agreement, to the performance by the Trust and the Company of its their respective covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each Closing Time, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinherein contained, to the performance by the Company of its obligations hereunder hereunder, and to the following additional further conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Carramerica Realty Corp), Terms Agreement (Carramerica Realty Corp), Underwriting Agreement (Carramerica Realty L P)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made, as of the date hereof Applicable Time, and at on each Delivery Date, of the First Closing Date representations and warranties of the Partnership Parties and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company Selling Unitholder contained herein, to the performance by the Company Partnership Parties and the Selling Unitholder of its their respective obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (EQT GP Holdings, LP), Underwriting Agreement (EQT GP Holdings, LP), Underwriting Agreement (EQT GP Holdings, LP)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the any Second Closing Date (as if made at such Closing Date), of all representations and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders, in all material respects, of its their respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Purchase Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and and, if applicable, the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Leap Therapeutics, Inc.), Underwriting Agreement (Catalyst Biosciences, Inc.), Underwriting Agreement (Leap Therapeutics, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are is subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.)
Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company Operating Partnership contained hereinin Section 1(a) hereof, to the performance by the Company Operating Partnership of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of this Agreement, as of the First Applicable Time and as of the Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1 hereof and in all certificates of officers of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder to be performed at or prior to the Closing Time, and to the following additional further conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Pepco Holdings Inc), Purchase Agreement (Potomac Electric Power Co)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the accuracy of the statements of the Company and the Selling Stockholders made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (Greenlane Holdings, Inc.), Underwriting Agreement (Greenlane Holdings, Inc.), Underwriting Agreement
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholder contained herein, to the performance by the Company and the Selling Shareholder of its their respective obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (WPP PLC), Purchase Agreement (AgEagle Aerial Systems Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Motus GI Holdings, Inc.), Purchase Agreement (Motus GI Holdings, Inc.), Purchase Agreement (Motus GI Holdings, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Del Frisco's Restaurant Group, Inc.), Purchase Agreement (LDR Holding Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each Closing Time, of the First Closing Date representations and warranties of the Trust and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinCorporation herein contained, to the performance by the Company Trust and the Corporation of its their respective obligations hereunder hereunder, and to the following additional further conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Starwood Lodging Corp), Underwriting Agreement (Starwood Lodging Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Alliqua BioMedical, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company in all material respects of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Smith Micro Software, Inc.), Underwriting Agreement (GAN LTD)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Emcore Corp), Underwriting Agreement (Identiv, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, to the performance by each of the Company and the Selling Stockholder of its respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Lantronix Inc), Underwriting Agreement (Jerash Holdings (US), Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are is subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Edap TMS Sa), Purchase Agreement (Galena Biopharma, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second any Option Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Processa Pharmaceuticals, Inc.), Underwriting Agreement (Processa Pharmaceuticals, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and each of the Second Closing Date Dates (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.), Purchase Agreement (Eiger BioPharmaceuticals, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each on the Closing Date, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Calyxt, Inc.), Underwriting Agreement (Tilray, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Nyxoah SA), Purchase Agreement (Nyxoah SA)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company and the Selling stockholders contained herein, to the accuracy of the statements of the Company and the Selling stockholders made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling stockholders of its their obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (AerSale Corp), Underwriting Agreement (AerSale Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second each Option Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Baudax Bio, Inc.), Underwriting Agreement (Alcobra Ltd.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the a Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are Underwriter is subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Juhl Energy, Inc), Purchase Agreement (Juhl Energy, Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements made in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its their covenants and obligations hereunder hereunder, and to the following additional further conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Arena Group Holdings, Inc.), Underwriting Agreement (Universal Technical Institute Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, to the performance by the Company and the Selling Stockholder of its their respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Bridgepoint Education Inc), Underwriting Agreement (Bridgepoint Education Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at on each of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Dates, of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Interactive Strength, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Chain Bridge Bancorp Inc), Purchase Agreement (Neuronetics, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the any Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Habit Restaurants, Inc.), Purchase Agreement (Habit Restaurants, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, to the performance by the Company and the Selling Stockholder of its their respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Purchase Agreement (Neogenomics Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by each of the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Liqtech International Inc), Underwriting Agreement (Performant Financial Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each Closing Time, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinand the Operating Partnership herein contained, to the performance by the Company and the Operating Partnership of its their respective obligations hereunder hereunder, and to the following additional further conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Duke Realty Investments Inc), Underwriting Agreement (Duke Realty Investments Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (CONTRAFECT Corp), Purchase Agreement (CONTRAFECT Corp)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at all times through the Closing Date, and on each of the First Closing Date and the Second Option Closing Date (as if made at 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, to the performance by each of the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Recro Pharma, Inc.), Underwriting Agreement (Argos Therapeutics Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each hereof, as of the First Closing Time and as of each Date and the Second Closing Date (as of Delivery, if made at such Closing Date)any, of the representations and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1(a) hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (New Plan Excel Realty Trust Inc), Underwriting Agreement (New Plan Excel Realty Trust Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and and, if applicable, the Second Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 2 contracts
Samples: Underwriting Agreement (OptiNose, Inc.), Underwriting Agreement (OptiNose, Inc.)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of on the First Closing Date and the Second Closing Date (as if made at such each applicable Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company Operating Partnership contained hereinin
Section 1(a) hereof, to the performance by the Company Operating Partnership of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Eop Operating LTD Partnership)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof as of the date hereof and at each as of the First Closing Date and as of the Second Closing Date (as if made at such Additional Closing Date), of as the case may be, and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company and the Operating Partnership of its their covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Shareholders contained herein, to the performance by the Company and the Selling Shareholders of its their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each hereof, as of the First Closing Date Time of the representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1(a) hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 1 contract
Samples: Underwriting Agreement (New Plan Excel Realty Trust Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as accuracy of the date hereof representations and at each of warranties on the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements part of the Company contained hereinand the Adviser on the date hereof, to at the Closing Time and, if applicable, any Date of Delivery, the performance by the Company and the Adviser of each of its obligations hereunder and to the following additional further conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Gladstone Investment Corporation\de)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of this Agreement, as of the First Applicable Time and as of the Closing Date and the Second Closing Date (as if made at such Closing Date)Time, of the representations and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1 hereof and in all certificates of officers of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder to be performed at or prior to the Closing Time, and to the following additional further conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), as the case may be, of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each as of the First Closing Date and the Second Closing Date (as if made at such or any Option Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by accuracy of the statements made in certificates of any officer of the Company or any of its obligations hereunder and subsidiaries delivered pursuant to the following additional conditions:provisions hereof, to the
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second any Subsequent Closing Date (each, a “Closing Date”) (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each hereof, as of the First Closing Time and as of each Date and the Second Closing Date (as of Delivery, if made at such Closing Date)any, of the representations and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1(a) hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 1 contract
Samples: Underwriting Agreement (New Plan Excel Realty Trust Inc)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracyaccuracy as of the date hereof, as of the date hereof and at each Closing Time (and, if applicable, any Date of Delivery) of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinin Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder hereunder, and to the following additional further conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Tennessee Commerce Bancorp, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholder contained herein, to the performance by the Company and the Selling Stockholder of its their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Pfenex Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company Offerors contained herein, to the performance by the Company each Offeror of its obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Purchase Agreement (Community First Bankshares Inc)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, at and as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the First Closing Date), and, with respect to the Optional Securities, the Option Closing Date (as if made at the Option 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 and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and each of the Second Closing Date Dates (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are shall be subject to the accuracy, continuing accuracy of the representations and warranties of the Company as of the date hereof and at as of each of the First Closing Date and the Second Closing Date (as if made at such Option Closing Date), 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 1 contract
Samples: Underwriting Agreement (Longwei Petroleum Investment Holding LTD)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Pfenex Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Purchase Agreement (Uni-Pixel)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are hereunder, shall be subject to the accuracy, continuing accuracy of the representations and warranties of the Company as of the date hereof and at as of each of the First Closing Date and the Second Closing Date (as if made at such Option Closing Date), 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 1 contract
Samples: Underwriting Agreement (Rosecliff Acquisition Corp I)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all with, the 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 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each of the First Closing Date and the Second Closing Date (as if made at on such Closing Date), of the representations and compliance with all representations, warranties and agreements of the Company and the Selling stockholder contained herein, to the accuracy of the statements of the Company and the Selling stockholder made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling stockholder of its their obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such the Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each on the applicable Closing Date, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Milestone Pharmaceuticals Inc.)
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at each on such Closing Dates, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy, when made and as of the date hereof Applicable Time and at on each Closing Date, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and Centogene contained herein, to the accuracy of the statements of the Company and Centogene made in any certificates pursuant to the provisions hereof, to the performance by the Company and Centogene of its obligations hereunder hereunder, and to each of the following additional terms and conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:and
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each as of the First Closing Date and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained herein, to the performance by the Company of its obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and vTv LLC contained herein, to the performance by each of the Company and vTv LLC of its obligations hereunder and to the following additional conditions:
Appears in 1 contract
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each of the First Closing Date and the each Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company and the Selling Stockholders contained herein, to the performance by the Company and the Selling Stockholders of its their respective obligations hereunder and to the following additional conditions:
Appears in 1 contract
Samples: Underwriting Agreement (Pfenex Inc.)
Conditions of Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy, as of the date hereof and at each the Closing Time or Date of Delivery, of the First Closing Date representations and the Second Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties and agreements of the Company contained hereinand the Operating Partnership herein contained, to the performance by the Company and the Operating Partnership of its their respective obligations hereunder hereunder, and to the following additional further conditions:
Appears in 1 contract
Samples: Purchase Agreement (Equity Office Properties Trust)
