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 Placement Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the 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: Placement Agency Agreement (Sphere 3D Corp), Placement Agency Agreement (xG TECHNOLOGY, INC.)

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Filing of Amendments; Response to Commission Requests. The Company agrees to keep available the Registration Statement for the sale of the Shares represented by the Offered Securities for the period commencing on the Effective Date and ending when the Underwriters have exercised their option to purchase the Optional Securities or upon such option’s earlier termination. The Company will promptly advise the Placement Agent Representatives of any proposal to amend or supplement the Registration Statement, the ADR Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein at any time and will afford offer the Placement Agent Representatives a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agent Representatives promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement or the ADR Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the ADR Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) 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 (Trina Solar LTD), Underwriting Agreement (Trina Solar LTD)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent Representatives of any proposal to amend or supplement at any time the Initial Registration Statement, the ADS Registration Statement, any Additional Registration Statement, any Exchange Act Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any not effect such proposed amendment or supplementsupplementation without the Representatives’ written consent; and the Company will also advise the Placement Agent Representatives promptly of (i) the filing effectiveness of any such amendment or supplementAdditional Registration Statement (if its Effective Time is subsequent to the execution and delivery of this Agreement), (ii) any amendment or supplementation of a Registration Statement, the ADS Registration Statement, any Exchange Act Registration Statement or any Statutory Prospectus, (iii) any request by the Commission or its staff for any amendment to any Registration Statement, any Exchange Act Registration Statement or the ADS Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iiiiv) the institution by the Commission of any stop order proceedings in respect of the a Registration Statement or the threatening of any proceeding for that purpose, and (ivv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) Offered 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 2 contracts

Samples: Underwriting Agreement (Soulgate Inc.), Underwriting Agreement (Zhangmen Education Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company Securities (including the SecuritiesSecurities ) 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: Agency Agreement (SilverSun Technologies, Inc.), Agency Agreement (SilverSun Technologies, Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent Representative of any proposal to use or file any Issuer Free Writing Prospectus and to amend or supplement at any time the Initial Registration Statement, any Additional Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any not effect such proposed filing, amendment or supplementsupplementation without the Representative’s consent; and the Company will also advise the Placement Agent Representative promptly of (i) the filing effectiveness of any such amendment or supplementAdditional Registration Statement (if its Effective Time is subsequent to the execution and delivery of this Agreement), (ii) any amendment or supplementation of a Registration Statement, any Statutory Prospectus or any Issuer Free Writing Prospectus (iii) any request by the Commission or its staff for any amendment to the any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iiiiv) the institution by the Commission of any stop order proceedings in respect of the a Registration Statement or the threatening of any proceeding for that purpose, and (ivv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) 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 (PIMCO Mortgage Income Trust Inc.)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent Agents of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent Agents a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agent Agents promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company Securities (including the 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: Placement Agency Agreement (Biodel Inc)

Filing of Amendments; Response to Commission Requests. The Company Until the completion of the public offer and sale of the Offered Securities contemplated hereby, the Partnership will promptly advise the Placement Agent Underwriters of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein at any time and will afford offer the Placement Agent Underwriters a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company . The Partnership will also advise the Placement Agent Underwriters promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, purpose and (iv) the receipt by the Company Partnership of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company Partnership 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 (Energy Transfer Equity, L.P.)

Filing of Amendments; Response to Commission Requests. The Company agrees to keep available the Registration Statement for the sale of the Shares represented by the Offered Securities for the period commencing on and including the date of this agreement and ending on and including the 30th day after the date of the Final Prospectus. The Company will promptly advise the Placement Agent Representatives and the Borrowers of any proposal to amend or supplement the Registration Statement, the ADR Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein at any time and will afford offer the Placement Agent Representatives and the Borrowers a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agent Representatives and the Borrowers promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement or the ADS registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the ADR Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) 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 (Trina Solar LTD)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities Shares contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional informationinformation in connection therewith, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company Shares (including the SecuritiesShares) 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 (Columbia Laboratories Inc)

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Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent Representatives of any proposal to amend or supplement at any time the Initial Registration Statement, any Additional Registration Statement, any ADS Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any not effect such proposed amendment or supplementsupplementation without the Representatives’ consent; and the Company will also advise the Placement Agent Representatives promptly of (iA) the filing effectiveness of any such Additional Registration Statement (if its Effective Time is subsequent to the execution and delivery of this Agreement), (B) any amendment or supplementsupplementation of a Registration Statement, any ADS Registration Statement or any Statutory Prospectus, (iiC) any request by the Commission or its staff for any amendment to the any Registration Statement, or any ADS Registration Statement for any supplement to any Statutory Prospectus (including any prospectus wrapper) or for any additional information, (iiiD) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the ADS Registration Statement or the threatening of any proceeding for that purpose, and (ivE) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) Offered Securities in any jurisdiction or the institution or threatening of any proceedings proceeding 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 (Tudou Holdings LTD)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent Representatives of any proposal to amend or supplement at any time the Initial Registration Statement, the ADS Registration Statement, any Additional Registration Statement, any Exchange Act Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any not effect such proposed amendment or supplementsupplementation without the Representatives’ consent; and the Company will also advise the Placement Agent Representatives promptly of (i) the filing effectiveness of any such amendment or supplementAdditional Registration Statement (if its Effective Time is subsequent to the execution and delivery of this Agreement), (ii) any amendment or supplementation of a Registration Statement, the ADS Registration Statement, any Exchange Act Registration Statement or any Statutory Prospectus, (iii) any request by the Commission or its staff for any amendment to any Registration Statement, any Exchange Act Registration Statement or the ADS Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iiiiv) the institution by the Commission of any stop order proceedings in respect of the a Registration Statement or the threatening of any proceeding for that purpose, and (ivv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) Offered 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: Underwriting Agreement (MOGU Inc.)

Filing of Amendments; Response to Commission Requests. The As long as the Underwriters effecting transactions in the Securities have an obligation under the Securities Act to deliver a prospectus relating to the Securities, the Company will promptly advise the Placement Agent of Representatives of: (i) any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein at any time and will afford offer the Placement Agent Representatives a reasonable opportunity to comment on any such proposed amendment or supplement; and the Company will also advise the Placement Agent promptly of , (iii) the filing of any such amendment or supplement, (iiiii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iiiiv) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, purpose and (ivv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The As long as the Underwriters effecting transactions in the Securities have an obligation under the Securities Act to deliver a prospectus relating to the Securities, 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 (Cb Richard Ellis Group Inc)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent Representatives of any proposal to amend or supplement at any time the Initial Registration Statement, any Additional Registration Statement, any ADS Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any not effect such proposed amendment or supplementsupplementation without the Representatives’ consent; and the Company will also advise the Placement Agent Representatives promptly of (i) the filing effectiveness of any such amendment or supplementAdditional Registration Statement (if its Effective Time is subsequent to the execution and delivery of this Agreement), (ii) any amendment or supplementation of a Registration Statement, any ADS Registration Statement or any Statutory Prospectus, (iii) any request by the Commission or its staff for any amendment to the any Registration Statement, or any ADS Registration Statement for any supplement to any Statutory Prospectus (including any prospectus wrapper) or for any additional information, (iiiiv) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the ADS Registration Statement or the threatening of any proceeding for that purpose, and (ivv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the Securities) Offered Securities in any jurisdiction or the institution or threatening of any proceedings proceeding 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 (Chemspec International LTD)

Filing of Amendments; Response to Commission Requests. The Company will promptly advise the Placement Agent of any proposal to amend or supplement the Registration Statement or any Statutory Prospectus until the completion of the purchase and sale of the Securities Shares contemplated herein and will afford the Placement Agent a reasonable opportunity to comment on any such proposed amendment or supplementsupplement and shall not file any amendment or supplement to the Registration Statement or distribute any amendment or supplement to the General Disclosure Package or the Statutory Prospectus or document incorporated by reference therein of which the Placement Agent shall have not been previously advised and furnished with a copy or to which the Placement Agent shall have reasonably objected in writing; and the Company will also advise the Placement Agent promptly of (i) the filing of any such amendment or supplement, (ii) any request by the Commission or its staff for any amendment to the Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iii) the institution by the Commission of any stop order proceedings in respect of the Registration Statement or the threatening of any proceeding for that purpose, and (iv) the receipt by the Company of any notification with respect to the suspension of the qualification of any securities of the Company (including the 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 1 contract

Samples: Agency Agreement (Javelin Pharmaceuticals, Inc)

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