Common use of Delivery of Forms W-8 and W-9 Clause in Contracts

Delivery of Forms W-8 and W-9. To deliver to the Representatives prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). BAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS, for the benefit of each of the other Representatives, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company's securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3A(n) or 3B(a) above or any lock-up agreement delivered pursuant to Section 5(j) below without giving each of the other Representatives at least 17 days prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 2 contracts

Samples: Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (Coldwater Creek Inc)

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Delivery of Forms W-8 and W-9. To deliver to the Representatives prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). BASBAS and X.X. Xxxxxx, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BASBAS and X.X. Xxxxxx, for the benefit of each of the other Representatives, agrees agree not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company's ’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3A(n3A(m) or 3B(a) above or any lock-up agreement delivered pursuant to Section 5(j5(k) below without giving each of the other Representatives at least 17 days prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Novatel Wireless Inc)

Delivery of Forms W-8 and W-9. To deliver to the Representatives Representative prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). Piper and BAS, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any the Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, Piper and BAS, for the benefit of each of the other Representatives, agrees agree not to consent to any action proposed to be taken by the Company, any the Selling Stockholder or any other holder of the Company's securities that would otherwise be prohibited by, or to waive compliance by the Company, any the Selling Stockholder or any such other security holder with the provisions of, of Section 3A(n) or 3B(a3(A)(l) above or any lock-up agreement delivered pursuant to Section 5(j5(m) below without giving each of the other Representatives at least 17 days Underwriters such prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance by the Representatives and other Underwriters with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

Delivery of Forms W-8 and W-9. To deliver to the Representatives Representative prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). Piper and BAS, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any the Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, Piper and BAS, for the benefit of each of the other Representatives, agrees agree not to consent to any action proposed to be taken by the Company, any the Selling Stockholder or any other holder of the Company's ’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any the Selling Stockholder or any such other security holder with the provisions of, of Section 3A(n) or 3B(a3(A)(l) above or any lock-up agreement delivered pursuant to Section 5(j5(m) below without giving each of the other Representatives at least 17 days Underwriters such prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance by the Representatives and other Underwriters with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

Delivery of Forms W-8 and W-9. To Such Selling Stockholder shall deliver to the Representatives Representative prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). BAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS, for the benefit of each of the other Representatives, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company's ’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3A(n3A(m) or 3B(a) above or any lock-up agreement delivered pursuant to Section 5(j5(m) below without giving each of the other Representatives at least 17 days prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Intralase Corp)

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Delivery of Forms W-8 and W-9. To deliver to the Representatives prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). BASThe Lead Representative, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BASthe Lead Representative, for the benefit of each of the other Representatives, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company's ’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3A(n3.A(n) or 3B(a3.B(a) above or any lock-up agreement delivered pursuant to Section 5(j5(q) below without giving each of the other Representatives at least 17 days days’ prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Ruths Chris Steak House, Inc.)

Delivery of Forms W-8 and W-9. To deliver to the Representatives prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). BASThe Representatives, on behalf of the several Underwriters, may, in its their sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS, for the benefit of each of the other Representatives, Representatives agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company's securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3A(n3(A)(k) or 3B(a3(B)(a) above or any lock-up agreement delivered pursuant to Section 5(j5(l) below without giving each of the other Representatives at least 17 days prior notice (or such shorter notice as each of the other Representatives may deem acceptable to permit compliance with applicable provisions of NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Synagro Technologies Inc)

Delivery of Forms W-8 and W-9. To deliver to the Representatives prior to the First Closing Date a properly completed and executed United States Treasury Department Form W-8 (if the Selling Stockholder is a non-United States person) or Form W-9 (if the Selling Stockholder is a United States Person). BAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company or any Selling Stockholder of any one or more of the foregoing covenants or extend the time for their performance, as applicable. Notwithstanding the foregoing, BAS, for the benefit of each of the other RepresentativesUnderwriters, agrees not to consent to any action proposed to be taken by the Company, any Selling Stockholder or any other holder of the Company's ’s securities that would otherwise be prohibited by, or to waive compliance by the Company, any Selling Stockholder or any such other security holder with the provisions of, Section 3A(n3A(k) or 3B(a) above or any lock-up agreement delivered pursuant to Section 5(j6(k) below without giving each of the other Representatives Underwriters at least 17 days prior notice (or such shorter notice as each of the other Representatives BAS may deem acceptable acceptable, if at all, to permit compliance with applicable provisions of NASD Conduct NYSE Rule 2711(f472(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Appears in 1 contract

Samples: Zenith National (Zenith National Insurance Corp)

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