Common use of Filing of Amendments; Response to Commission Requests Clause in Contracts

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives promptly of (A) the filing or effectiveness of any such amendment or supplement, (B) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (C) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (D) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 7 contracts

Samples: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)

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Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Underwriter’s consent, which shall not be unreasonably withheld or delayedwithheld; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of a Registration Statement or the Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 7 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedwithheld; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of a Registration Statement or the Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 5 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Representative’s consent, which shall not be unreasonably withheld or delayedwithheld; and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of a Registration Statement or the Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Placement Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time until the completion of the purchase and sale of the Shares contemplated herein and will not effect afford the Placement Agent a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Placement Agent promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Shares (including the Shares) in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 4 contracts

Samples: Placement Agency Agreement (SilverSun Technologies, Inc.), Placement Agency Agreement (Nac Global Technologies, Inc.), Placement Agency Agreement (Cytosorbents Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time time, will offer the Representative a reasonable opportunity to comment on any such amendment or supplement and will not effect file any such proposed amendment or supplementation without the Representatives’ consent, supplement to which shall not be unreasonably withheld or delayedyou reasonably object; and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 4 contracts

Samples: Placement Agency Agreement, Placement Agency Agreement (Spherix Inc), Placement Agency Agreement (Spherix Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purposepurpose or pursuant to Section 8A of the Act, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities or the Guarantees in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time time; and will not effect such make no amendment or supplementation without the Representatives’ consent, supplement which shall not be unreasonably withheld or delayedreasonably disapproved by the Representatives promptly after reasonable notice thereof; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Notes in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Otis Worldwide Corp), Underwriting Agreement (Otis Worldwide Corp), Underwriting Agreement (Otis Worldwide Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Manager of any proposal to amend or supplement the Registration Statement Statement, the General Disclosure Package, any Prospectus or any Statutory Permitted Free Writing Prospectus at any time and will not effect offer the Manager a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Manager promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Shares in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 3 contracts

Samples: Distribution Agency Agreement (Canadian Solar Inc.), Distribution Agreement (Canadian Solar Inc.), Distribution Agency Agreement (Canadian Solar Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purposepurpose or pursuant to Section 8A of the Act, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp), Underwriting Agreement (Ak Steel Holding Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the receipt by the Company of any notification with respect to the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best commercially reasonable efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Worthington Industries Inc), Underwriting Agreement (Worthington Industries Inc), Underwriting Agreement (Worthington Industries Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time (including by incorporation by reference of any report filed under the Exchange Act) and will not effect offer the Underwriter a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Pico Holdings Inc /New), Underwriting Agreement (Pico Holdings Inc /New)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Credit Suisse of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer Credit Suisse a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Credit Suisse promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, purpose and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Gulfport Energy Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriters of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time until the completion of the purchase and sale of the Shares contemplated herein and will not effect afford the Representative a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Underwriters promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Shares in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Mela Sciences, Inc. /Ny), Underwriting Agreement (Mela Sciences, Inc. /Ny)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of the Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (GT Solar International, Inc.), Underwriting Agreement (GT Solar International, Inc.)

Filing of Amendments; Response to Commission Requests. The Prior to the termination of the offering of the Offered Securities, the Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Express Scripts Inc), Underwriting Agreement (Express Scripts Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Underwriter’s consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of a Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (Brigham Minerals, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, Underwriter’s consent (which consent shall not be unreasonably withheld or delayed); and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (QCP GP Investors II LLC), Underwriting Agreement (Dice Holdings, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without to which the Representatives’ consent, which shall not be unreasonably withheld or delayedRepresentatives reasonably object within a reasonable period after receipt thereof; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of the Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Mosaic Co), Underwriting Agreement (Mosaic Co)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, Representative’s consent (which consent shall not be unreasonably withheld or delayed); and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Dice Holdings, Inc.), Underwriting Agreement (Dice Holdings, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time during the offering and sale of the Offered Securities and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedwithheld; and the Company will also advise the Representatives promptly of (A) the filing or effectiveness of any such amendment or supplement, (B) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (C) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (D) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Ready Capital Corp), Underwriting Agreement (Ready Capital Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time that would reasonably have an adverse effect on the Offered Securities and will not effect offer the Representative a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (CAI International, Inc.), Underwriting Agreement (CAI International, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Representative’s consent, which shall not be unreasonably withheld or delayedwithheld; and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of the Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time until the completion of the purchase and sale of the Shares contemplated herein and will not effect afford the Underwriter a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Shares in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Clearsign Combustion Corp)

Filing of Amendments; Response to Commission Requests. The Prior to the completion of the offering of the Securities, the Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Underwriter a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best commercially reasonable efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Champion Enterprises Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Representative’s consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of a Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any Registration Statement or any document incorporated by reference in the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, purpose and (Dv) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Realpage Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time the Registration Statement, the Base Prospectus or Prospectus and will not effect such amendment or supplementation without the Representatives’ Underwriter’s consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of the Registration Statement, the Base Prospectus or the Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory the Base Prospectus or the Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best commercially reasonable efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Douglas Dynamics, Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Underwriter’s consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives Underwriter promptly of (A) the filing or effectiveness of any such amendment or supplement, (B) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (C) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (D) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Two Harbors Investment Corp.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Representative’s consent, which shall not be unreasonably withheld or delayedwithheld; and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of a Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Mammoth Energy Services, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Manager of any proposal to amend or supplement the Registration Statement Statements, the General Disclosure Package, any Prospectus or any Statutory Permitted Free Writing Prospectus at any time and will not effect offer the Manager a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Manager promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration StatementStatements, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a any of the Registration Statement Statements or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities ADSs in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Distribution Agreement (Hanwha SolarOne Co., Ltd.)

Filing of Amendments; Response to Commission Requests. The Company and the Guarantors will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company and the Guarantors will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company or any Guarantor of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company and the Guarantors will use its their best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Regal Cinemas II, LLC)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Xxxxxxx, Xxxxx & Co. of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect afford Xxxxxxx, Sachs & Co. a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Xxxxxxx, Xxxxx & Co. promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Rockwood Holdings, Inc.)

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Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of offer Credit Suisse a reasonable opportunity to comment on any proposal to amend amendment or supplement to the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedprior to its filing; and the Company will also advise the Representatives Credit Suisse promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Ferro Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise offer the Representatives of a reasonable opportunity to comment on any proposal to amend amendment or supplement to the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedprior to its filing; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best commercially reasonable efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Synchronoss Technologies Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without to which the Representatives’ consent, which shall not be unreasonably withheld or delayedUnderwriter reasonably objects within a reasonable period after receipt thereof; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of the Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Mosaic Co)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Placement Agents of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time until the completion of the purchase and sale of the Shares contemplated herein and will not effect afford the Placement Agents a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Placement Agents promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Shares in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Placement Agency Agreement (Electro Optical Sciences Inc /Ny)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Underwriter a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement or the ADR Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the ADR Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (JinkoSolar Holding Co., Ltd.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, Representative’s consent (which consent shall not be unreasonably withheld withheld, conditioned or delayed); and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, purpose and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as reasonably possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diamond Resorts International, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement or the ADR Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the ADR Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (JinkoSolar Holding Co., Ltd.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, consent (which consent shall not be unreasonably withheld or delayedwithheld); and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of a Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Grupo Supervielle S.A.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriter of any proposal to amend or supplement at any time the Company Registration Statement or any Company Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Underwriter’s consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives Underwriter promptly of (Ai) the filing or effectiveness of any such amendment or supplementsupplementation of the Company Registration Statement or any Company Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Company Registration Statement, for any supplement to any Company Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a Company Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Underlying Shares in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Mandatorily Exchangeable Notes Agreement (GT Solar International, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Placement Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time until the completion of the purchase and sale of the Shares contemplated herein and will not effect afford the Placement Agent a reasonable opportunity to comment on any such proposed amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Placement Agent promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities Shares in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Placement Agency Agreement (Electro Optical Sciences Inc /Ny)

Filing of Amendments; Response to Commission Requests. The Prior to the termination of the offering of the Offered Securities, the Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, purpose and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Express Scripts Holding Co.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Underwriters of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Underwriters a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives Underwriters promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the Rule 462(b) Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Oragenics Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time time, will offer the Representative a reasonable opportunity to comment on any such amendment or supplement and will not effect file any such proposed amendment or supplementation without the Representatives’ consent, supplement to which shall not be unreasonably withheld or delayedyou reasonably object; and the Company will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (NovaBay Pharmaceuticals, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise offer the Representatives of a reasonable opportunity to comment on any proposal to amend amendment or supplement to the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedprior to its filing; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Ferro Corp)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representatives a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purposepurpose or pursuant to Section 8(a) of the Act, and (Div) the receipt by the Company or any Guarantor of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company and the Guarantors will use its their best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (B&G Foods, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives promptly of (Ai) the filing or and effectiveness of any such amendment or supplementsupplementation of the Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Wageworks, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives Representative of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ Representative’s consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives Representative promptly of (A) the filing or effectiveness of any such amendment or supplement, (B) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (C) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (D) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Two Harbors Investment Corp.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time time, will offer the Representatives a reasonable opportunity to comment on any such amendment or supplement and will not effect file any such proposed amendment or supplementation without the Representatives’ consent, supplement to which shall not be unreasonably withheld or delayedyou reasonably object; and the Company will also advise the Representatives promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its reasonable best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Synergy Pharmaceuticals, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Representatives of any proposal to amend or supplement at any time the Registration Statement or any Statutory Prospectus at any time and will not effect such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayed; and the Company will also advise the Representatives promptly of (Ai) the filing or and effectiveness of any such amendment or supplementsupplementation of the Registration Statement or any Statutory Prospectus, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, purpose and (Div) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Wageworks, Inc.)

Filing of Amendments; Response to Commission Requests. The Company and the Guarantors will promptly advise the Representatives Representative of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus at any time and will not effect offer the Representative a reasonable opportunity to comment on any such amendment or supplementation without the Representatives’ consent, which shall not be unreasonably withheld or delayedsupplement; and the Company and the Guarantors will also advise the Representatives Representative promptly of (Ai) the filing or effectiveness of any such amendment or supplement, (Bii) any request by the Commission or its staff for any amendment to any the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (Ciii) the institution by the Commission of any stop order proceedings in respect of a the Registration Statement or the threatening of any proceeding for that purpose, and (Div) the receipt by the Company or the Guarantors of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company and the Guarantors will use its their best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Chemours Co)

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