Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 11 contracts
Samples: Underwriting Agreement (Stamps Com Inc), Underwriting Agreement (Preview Systems Inc), Underwriting Agreement (Predictive Systems Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph and [_] paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 3 contracts
Samples: Underwriting Agreement (Mypoints Com Inc), Underwriting Agreement (Mypoints Com Inc), Underwriting Agreement (Mypoints Com Inc)
Information Provided by the Underwriters. The Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "“Underwriting" ” in the Prospectus; , and the Underwriters confirm that such statements are correct.
Appears in 3 contracts
Samples: Underwriting Agreement (Novastar Financial Inc), Underwriting Agreement (Novastar Financial Inc), Underwriting Agreement (Novastar Financial Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph and third paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 3 contracts
Samples: Underwriting Agreement (Rudolph Technologies Inc), Underwriting Agreement (Caldera Systems Inc), Underwriting Agreement (Student Advantage Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph, the third paragraph and the second tenth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correcttrue and correct in all material respects.
Appears in 3 contracts
Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second and the second paragraph third paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 3 contracts
Samples: Underwriting Agreement (Quest Software Inc), Underwriting Agreement (Digimarc Corp), Underwriting Agreement (Digimarc Corp)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 2 contracts
Samples: Underwriting Agreement (Fundtech LTD), Underwriting Agreement (Navisite Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph and the second ninth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 2 contracts
Samples: Underwriting Agreement (Persistence Software Inc), Underwriting Agreement (Imanage Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and in the second paragraph second, fourth, twelfth and thirteenth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 2 contracts
Samples: Underwriting Agreement (Oplink Communications Inc), Underwriting Agreement (Oplink Communications Inc)
Information Provided by the Underwriters. The Company and each of the Selling Stockholders hereby acknowledges acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Stockholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements information set forth in the table in the first paragraph and the statements in the second paragraph under the caption "Underwriting" in the Prospectus; and the . The Underwriters confirm that such statements are correct.
Appears in 2 contracts
Samples: Underwriting Agreement (Netegrity Inc), Netsolve Inc
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraphs and table preceding the paragraph titled "Option to Purchase Additional Shares," and in the second paragraph under the caption titled "UnderwritingStabilization" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 2 contracts
Samples: Underwriting Agreement (Accrue Software Inc), Battery Express Inc
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph second, third, fourth, eleventh and twelfth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus the Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph paragraph, the second, fourth and the second paragraph twelfth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second, third and the second paragraph last paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Ebenx Inc
Information Provided by the Underwriters. The Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second and the second paragraph ____________ paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Computer Access Technology Corp
Information Provided by the Underwriters. The Each of the Company and each of the Selling Shareholders hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table and in the first paragraph and the second paragraph under the table under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Underwriting Agreement (Primus Knowledge Solutions Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in (i) the table in the first paragraph and (ii) the second paragraph and third paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company and the Selling Shareholder hereby acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholder expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second, sixth, eighth and the second paragraph ninth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph paragraph, second and third paragraphs and under the second paragraph subheading "New Underwriter" under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Directchef Inc
Information Provided by the Underwriters. The Company Company, the Principal Stockholders and the Selling Stockholders hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Each of the Company and the Selling Stockholder hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second, third, fourth, ninth, tenth, eleventh, and the second paragraph fourteenth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correctcorrect and complete.
Appears in 1 contract
Samples: Integrated Information Systems Inc
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "Underwriting" in the ProspectusProspectus in the table and paragraphs preceding the paragraph "Over-Allotment Option," the paragraph preceding "Stabilization," and the paragraphs captioned "Stabilization," "Passive Market Making" and "Certain Relationships"; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Diedrich Coffee Inc
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second and the second [third] paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the [first paragraph and the second second] paragraph under the caption "Underwriting" in the ProspectusProspectus and in the paragraphs with the subcaptions "Xxxxxx Xxxxxx Partners LLC" and "Stabilization" under the caption "Underwriting"; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Mapquest Com Inc
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph second, fourth, tenth and thirteenth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company and each of the Selling Shareholders, hereby acknowledges that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Critical Path Inc
Information Provided by the Underwriters. The Each of the Company and each of the Selling Stockholders hereby acknowledges acknowledge that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph second, seventh and eighth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph and the second first paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Edutrades, Inc.
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph, the third paragraph and the second forth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Loudeye Technologies Inc
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second ninth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second tenth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Underwriting Agreement (Peco Ii Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first fourth paragraph, the sixth paragraph, the eighth paragraph and the second ninth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph following areas under the caption "Underwriting"; the paragraphs and table preceding the paragraph titled "Option to Purchase Additional Shares," in the Prospectusparagraph titled "Stabilization" and the two paragraphs under the title "New Underwriters; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first second paragraph and the second third paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph second, third and the second paragraph last paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Samples: Underwriting Agreement (C-Bridge Internet Solutions Inc)
Information Provided by the Underwriters. The Company hereby acknowledges and the Underwriters acknowledge and agree that the only information that the Underwriters have furnished or to be furnished by any Underwriter to the Company expressly for use inclusion in the Registration Statement, any preliminary prospectus prospectus, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) are consists of the statements information set forth in the table in second sentence of the first paragraph and third paragraph, the second paragraph sentence of the fourth paragraph, the ninth and tenth paragraphs under the caption "“Underwriting" ” in the Prospectus; preliminary prospectus included in the Disclosure Package and the Underwriters confirm that such statements are correctProspectus.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Urstadt Biddle Properties Inc)
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.paragraph, the
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the either Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph second, third and the second paragraph last paragraphs under the caption "Underwriting" in the each Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph and the second [________] paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph first, second, ninth and the second paragraph eleventh paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Company and each of the Selling Shareholders, hereby acknowledges acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Shareholders expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph and the second paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract
Information Provided by the Underwriters. The Each of the Company and each of the Selling Stockholders hereby acknowledges that the only information that the Underwriters have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the table in the first paragraph, the second paragraph and the second [________] paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.
Appears in 1 contract