Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Anadarko Petroleum Corp), Underwriting Agreement (Anadarko Petroleum Corp), Underwriting Agreement (Anadarko Petroleum Corp)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Placement Agent within the meaning of the Act; and the obligations of the Underwriters Placement Agent under this Section shall be in addition to any liability which the respective Underwriters Placement Agent may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 8 contracts
Samples: Placement Agency Agreement (SANUWAVE Health, Inc.), Placement Agency Agreement (Nac Global Technologies, Inc.), Placement Agency Agreement (SilverSun Technologies, Inc.)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director trustee of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Washington Real Estate Investment Trust), Underwriting Agreement (Washington Real Estate Investment Trust), Underwriting Agreement (Washington Real Estate Investment Trust)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Wedbush within the meaning of the Act; and the obligations of the Underwriters Wedbush under this Section shall be in addition to any liability which the respective Underwriters that Wedbush may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Anacor Pharmaceuticals Inc), Equity Distribution Agreement (Zalicus Inc.), Equity Distribution Agreement (Zalicus Inc.)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Placement Agent within the meaning of the Act; and the obligations of the Underwriters Placement Agents under this Section shall be in addition to any liability which the respective Underwriters Placement Agents may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 6 contracts
Samples: Placement Agency Agreement (Chelsea Therapeutics International, Ltd.), Placement Agency Agreement (Polymedix Inc), Placement Agency Agreement (Javelin Pharmaceuticals, Inc)
Control Persons. The obligations of the Company and the Selling Shareholders under this Section shall be in addition to any liability which the Company and the Selling Shareholders may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Triple-S Management Corp), Underwriting Agreement (Home Inns & Hotels Management Inc.), Underwriting Agreement (Home Inns & Hotels Management Inc.)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any the Underwriter within the meaning of the Securities Act; and the obligations of the Underwriters Underwriter under this Section shall be in addition to any liability which that the respective Underwriters Underwriter may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Securities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (AxoGen, Inc.), Underwriting Agreement (Cardica Inc), Underwriting Agreement (Cardica Inc)
Control Persons. The obligations of the Company and the Selling Stockholder under this Section shall be in addition to any liability which the Company or the Selling Stockholder may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act or the Exchange Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act or the Exchange Act.
Appears in 3 contracts
Samples: Underwriting Agreement (EnergySolutions, Inc.), Underwriting Agreement (EnergySolutions, Inc.), Underwriting Agreement (Cross Match Technologies, Inc.)
Control Persons. The obligations of the Company and the Selling Stockholders under this Section shall be in addition to any liability which the Company or the Selling Stockholders may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act or the Exchange Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act or the Exchange Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Deltek, Inc), Underwriting Agreement (Deltek, Inc), Underwriting Agreement (Cross Match Technologies, Inc.)
Control Persons. The obligations of the Company under this Section 8 shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any an Underwriter or within the meaning of the Act; Securities Act and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and 8 shall extend, upon the same terms and conditions, to each officer and director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Endurance Specialty Holdings LTD), Underwriting Agreement (Endurance Specialty Holdings LTD), Underwriting Agreement (Endurance Specialty Holdings LTD)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter the Underwriters within the meaning of the Securities Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which that the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Securities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Cardica Inc), Underwriting Agreement (Cardica Inc)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Placement Agent within the meaning of the Act; and the obligations of the Underwriters Placement Agents under this Section shall be in addition to any liability which that the respective Underwriters Placement Agents may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 2 contracts
Samples: Placement Agency Agreement (Biodel Inc), Placement Agency Agreement (Chelsea Therapeutics International, Ltd.)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any the Underwriter within the meaning of the Act; and the obligations of the Underwriters Underwriter under this Section shall be in addition to any liability which the respective Underwriters Underwriter may otherwise have and shall extend, upon the same terms and conditions, to each director trustee of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Washington Real Estate Investment Trust), Underwriting Agreement (Washington Real Estate Investment Trust)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any the Underwriter within the meaning of the Act; and the obligations of the Underwriters Underwriter under this Section shall be in addition to any liability which the respective Underwriters Underwriter may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Cell Genesys Inc), Underwriting Agreement (Ariad Pharmaceuticals Inc)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Underwriter, within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 2 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Melco PBL Entertainment (Macau) LTD)
Control Persons. The obligations of the Company under this Section 6 shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter or within the meaning of the Act; Act and the obligations of the Underwriters under this Section 6 shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each officer and director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Endurance Specialty Holdings LTD), Underwriting Agreement (Endurance Specialty Holdings LTD)
Control Persons. The respective obligations of the Company and the Manager under this Section 8 shall be in addition to any liability which the Company Company, the Manager may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act or the Exchange Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Quadra Realty Trust, Inc.), Underwriting Agreement (Care Investment Trust Inc.)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter the Placement Agent within the meaning of the Act; and the obligations of the Underwriters Placement Agent under this Section shall be in addition to any liability which the respective Underwriters Placement Agent may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 2 contracts
Samples: Placement Agency Agreement (Momenta Pharmaceuticals Inc), Placement Agency Agreement (Insmed Inc)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Bristow Group Inc), Underwriting Agreement (New Oriental Education & Technology Group Inc.)
Control Persons. The obligations of the Company under this Section 6 shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter or the Independent Underwriter within the meaning of the Act; and the obligations of the Underwriters under this Section 6 shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each officer and director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Samples: Purchase Agreement (Endurance Specialty Holdings LTD)
Control Persons. The obligations of the Company Company, the Controlling Person and the Selling Shareholders under this Section or Section 10 shall be in addition to any liability which the Company Company, the Controlling Person and the Selling Shareholders may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter or the QIU (as hereinafter defined) within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Samples: Underwriting Agreement (E-House (China) Holdings LTD)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter the Placement Agent within the meaning of the Securities Act; and the obligations of the Underwriters Placement Agent under this Section shall be in addition to any liability which the respective Underwriters Placement Agent may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Securities Act.
Appears in 1 contract
Samples: Placement Agency Agreement (Javelin Pharmaceuticals, Inc)
Control Persons. The obligations of the Company under this Section hereof shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Control Persons. The obligations of the Company under this Section or Section 10 shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Underwriter, or the QIU (as hereafter defined) within the meaning of the Act; and the obligations of the Underwriters under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the a Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Samples: Underwriting Agreement (Melco PBL Entertainment (Macau) LTD)
Control Persons. The obligations of the Company under this Section 8 shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any the Underwriter or within the meaning of the Act; Securities Act and the obligations of the Underwriters Underwriter under this Section shall be in addition to any liability which the respective Underwriters may otherwise have and 8 shall extend, upon the same terms and conditions, to each officer and director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Samples: Underwriting Agreement (Endurance Specialty Holdings LTD)
Control Persons. The obligations of the Company under this Section 6 shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter or within the meaning of the Act; Act and the obligations of the Underwriters Underwriter under this Section 6 shall be in addition to any liability which the respective Underwriters Underwriter may otherwise have and shall extend, upon the same terms and conditions, to each officer and director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Samples: Underwriting Agreement (Endurance Specialty Holdings LTD)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any the Underwriter within the meaning of the Act; and the obligations of the Underwriters Underwriter under this Section shall be in addition to any liability which the respective Underwriters Underwriter may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement Statement, and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Placement Agent within the meaning of the Securities Act; and the obligations of the Underwriters Placement Agent under this Section shall be in addition to any liability which the respective Underwriters Placement Agent may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Securities Act.
Appears in 1 contract
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter the Placement Agent within the meaning of the Act; and the obligations of the Underwriters Placement Agent under this Section shall be in addition to any liability which the respective Underwriters Placement Agent may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
Samples: Placement Agency Agreement (Columbia Laboratories Inc)
Control Persons. The obligations of the Company under this Section shall be in addition to any liability which the Company may otherwise have and shall extend, upon the same terms and conditions, to each person, if any, who controls any Underwriter Placement Agents within the meaning of the Act; and the obligations of the Underwriters Placement Agent under this Section shall be in addition to any liability which the respective Underwriters Placement Agents may otherwise have and shall extend, upon the same terms and conditions, to each director of the Company, to each officer of the Company who has signed the Registration Statement and to each person, if any, who controls the Company within the meaning of the Act.
Appears in 1 contract
