Common use of Information Provided by the Underwriters Clause in Contracts

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to (i) the concession figure set forth in first paragraph under the subheading “Discounts and Commissions,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in the second, third and fourth paragraphs under the subheading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 2 contracts

Samples: Purchase Agreement (Invuity, Inc.), Purchase Agreement (Invuity, Inc.)

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Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to (i) the concession figure set forth in first paragraph and the information concerning sales to discretionary accounts appearing under the subheading sub-caption “Discounts and Commissions” under the caption “Underwriting,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph information regarding stabilizing transactions and passive market making contained under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in the second, third and fourth paragraphs under the subheading sub-caption “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting” and the information regarding internet distribution contained under the sub-caption “Electronic Offer, Sale and Distribution of Shares” under the caption “Underwriting,” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 2 contracts

Samples: Purchase Agreement (ElectroCore, LLC), Purchase Agreement (ElectroCore, LLC)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to (i) the concession figure set forth in first paragraph and the information concerning sales to discretionary accounts appearing under the subheading sub-caption Discounts Commission and CommissionsDiscounts” under the caption “Underwriting,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph information regarding stabilizing transactions and passive market making contained under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in the second, third and fourth paragraphs under the subheading sub-caption “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting” and the information regarding internet distribution contained under the sub-caption “Electronic Offer, Sale and Distribution of Shares” under the caption “Underwriting,” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (CoLucid Pharmaceuticals, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges and each Selling Shareholder acknowledge that the statements with respect to (i) the concession figure set forth in first paragraph under the subheading “Discounts and Commissions,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in the second, third and fourth paragraphs under the subheading caption Underwriting – Commissions and Discounts”, “Underwriting - Price Stabilization, Short Positions and Penalty Bids” under ”, “Underwriting - Other Relationships”, “Underwriting - Selling Restrictions”, and the caption “Underwriting” estimate of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such the Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Usa Technologies Inc)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to (i) the concession figure set forth in the first paragraph under the subheading “Discounts Discount and Commissions,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in the second, third and fourth paragraphs under the subheading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Sientra, Inc.)

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Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to (i) the concession figure set forth in first paragraph under the subheading “Discounts and Commissions,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in the second, third and fourth paragraphs under the subheading caption Underwriting – Commissions and Discounts”, “Underwriting - Price Stabilization, Short Positions and Penalty Bids” under ”, “Underwriting - Other Relationships”, “Underwriting - Selling Restrictions”, and the caption “Underwriting” estimate of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such the Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Usa Technologies Inc)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to (i) the concession figure set forth in first paragraph under the subheading “Discounts and Commissions,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in (i) the second, third sentences related to concessions and fourth paragraphs reallowances in the fifth paragraph under the subheading heading Price Underwriting”, (ii) the second paragraph under the heading “Underwriting—Stabilization, Short Positions and Penalty Bids(iii) the last sentence in the paragraph under the heading “Underwriting—Passive Market Makingin the Time of Sale Disclosure Package and in the Prospectus under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Nuvectra Corp)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to (i) the concession figure set forth in the first paragraph under the subheading “Discounts Commissions and CommissionsDiscounts,” (ii) sales to accounts over which the underwriters exercise discretionary authority set forth in the last paragraph under the subheading “Listing” and (iii) the public offering of the Securities by the Underwriters set forth in the second, third and fourth paragraphs under the subheading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Neothetics, Inc.)

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