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 the public offering of the Securities by the Underwriters set forth in the first and third paragraphs under the caption “Underwriting – Discounts and Commissions” and the 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 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 4 contracts

Samples: Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.)

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Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs [second] paragraph under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the 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 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 4 contracts

Samples: Underwriting Agreement (Miromatrix Medical Inc.), Purchase Agreement (Principal Solar, Inc.), Purchase Agreement (AgEagle Aerial Systems Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs second paragraph under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the 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 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 3 contracts

Samples: Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.), Purchase Agreement (AgEagle Aerial Systems Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth and contained in the first sentence under the heading “Commissions and third paragraphs Discounts” under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the estimate of five paragraphs under the Underwriters’ reasonable out-of-pocket accountable fees heading “Price Stabilization, Short Positions and disbursements in connection with Penalty Bids” under the offering of the Securities caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (CareDx, Inc.), Purchase Agreement (CareDx, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs paragraph under the caption heading Underwriting – Discounts and Commissions” and in the estimate of second, third and fourth paragraphs under the Underwriters’ reasonable out-of-pocket accountable fees heading “Price Stabilization, Short Positions and disbursements in connection with Penalty Bids” under the offering of the Securities caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (Neuronetics, Inc.), Purchase Agreement (Neuronetics, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first second, third and third fourth paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Apollo Endosurgery, Inc.), Purchase Agreement (Neuronetics, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs second paragraph under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the 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 the Company acknowledges such statements constitute the only information concerning 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 2 contracts

Samples: Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Celcuity LLC)

Information Provided by the Underwriters. The Underwriters severally confirm and each of the Company Company, the Subsidiary and each Selling Stockholder acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth and contained in the first sentence under the heading “Commissions and third paragraphs Discounts” under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the estimate of five paragraphs under the Underwriters’ reasonable out-of-pocket accountable fees heading “Price Stabilization, Short Positions and disbursements in connection with Penalty Bids” under the offering of the Securities caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (Habit Restaurants, Inc.), Purchase Agreement (Habit Restaurants, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm Representative confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Representative on behalf of the several Underwriters set forth in the first and third paragraphs under the caption “Underwriting – Discounts and CommissionsUnderwritingand in the estimate of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities Registration Statement, in the Time of Sale Disclosure Package and in the Prospectus only insofar as such statements relate to the amount of selling concession and re-allowance, if any, or to over-allotment, stabilization and related activities that may be undertaken by the Underwriters are correct and constitute the only information concerning the Underwriters furnished in writing to the Company by or the Representative on behalf of the several 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: Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in first sentence of the first and third paragraphs paragraph under the caption “Underwriting – Discounts Underwriting,” the first two sentences of the first paragraph under the caption “Underwriting—Commission and CommissionsExpenses” and the estimate first sentence of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with first paragraph under the offering of the Securities caption “Underwriting—Stabilization” in the Time of Sale Disclosure Package Prospectus and in the Prospectus are correct and constitute the only information concerning the 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 PackageProspectus, the Prospectus or any issuer free writing prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.), Purchase Agreement (Eiger BioPharmaceuticals, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first third and third eighth paragraphs under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the 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 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 2 contracts

Samples: Underwriting Agreement (Fresh Vine Wine, Inc.), Underwriting Agreement (Fresh Grapes, LLC)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs paragraph under the caption “Underwriting – Discounts Discounts, Commissions and CommissionsExpenses,” and the estimate of first, second, third, fourth and sixth paragraphs under the Underwriters’ reasonable out-of-pocket accountable fees heading “Price Stabilization, Short Positions and disbursements Penalty Bids,” in connection with each case under the offering of the Securities caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges acknowledge that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs under the caption “Underwriting - Discounts and Commissions” and the 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 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 2 contracts

Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx 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 and Commissions,” and (ii) the public offering of the Securities by the Underwriters set forth in the first second, third and third fourth paragraphs under the subheading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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: Common Stock (Sientra, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs sentence under the caption heading Underwriting—Underwriting – Discounts and CommissionsDiscount,” the sixth sentence under the heading “Underwriting—Stabilization” and the estimate of first sentence under the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities heading “Underwriting—Passive Market Making” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (Mackinac Financial Corp /Mi/)

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 and Commissions” and (ii) the public offering of the Securities by the Underwriters set forth in the first second, third and third fourth paragraphs under the subheading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (LDR Holding Corp)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first second paragraph under the caption "Underwriting", in the first, second and third paragraphs under the caption “Underwriting – Discounts "Underwriting–Stabilization, Short Positions and Commissions” Penalty Bids" and in the estimate of only paragraph under the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities caption "Underwriting–Electronic Distribution" in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (Aziyo Biologics, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in (i) the first sentences related to concessions and third paragraphs reallowances in the fifth paragraph under the caption heading Underwriting – Discounts and CommissionsUnderwriting,” (ii) the second paragraph under the heading “Underwriting—Stabilization” and (iii) the estimate of last sentence in the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with paragraph under the offering of the Securities heading “Underwriting—Passive Market Making” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 and agrees that the statements with respect to the public offering of the Securities by the Underwriters set forth in in the first and third paragraphs paragraph under the caption subheading Underwriting – Discounts and Commissions” and as set forth in the estimate of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities section “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the Underwriters such Underwriter furnished in writing to the Company by or on behalf of the Underwriters specifically for use or 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 (Duos Technologies Group, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities Shares and Warrants by the Underwriters set forth in the first and third paragraphs under the caption Underwriting – Discounts and CommissionsUnderwritingand the estimate of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities section in the Time of Sale Disclosure Package and in the Prospectus in the following paragraphs: (i) the first paragraph under “Commission and Expenses”, (ii) the paragraphs under “Market Making, Stabilization and Other Transactions” and (iii) the paragraph under “Passive Market Making,” are correct and constitute the only information concerning the 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 (CONTRAFECT Corp)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in (i) the first last paragraph on the front cover page of the Prospectus concerning the terms of the offering by the Underwriters; and third (ii) the fourth, eighth, ninth and twelfth (including the bullet points thereunder) paragraphs under the caption “Underwriting – Discounts and CommissionsUnderwriting,and the estimate of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities each in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (Valeritas Holdings Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first paragraph under the caption “Underwriting—Commissions and third Discounts,” the first three paragraphs under the caption “Underwriting – Discounts Underwriting—Price Stabilization, Short Positions and CommissionsPenalty Bids” and the estimate paragraph under the caption “Underwriting—Electronic Offer, Sale and Distributions of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities Shares” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (ONCOSEC MEDICAL Inc)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first fifteenth, sixteenth, seventeenth, and third eighteenth paragraphs relating to price stabilization, short positions and penalty bids, and the concession figures appearing in the sixth paragraph, each under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Nyxoah SA)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth and contained in the first sentence under the heading “Commissions and third paragraphs Discounts” under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the estimate of six paragraphs under the Underwriters’ reasonable out-of-pocket accountable fees heading “Price Stabilization, Short Positions and disbursements in connection with Penalty Bids” under the offering of the Securities caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (CareDx, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in (a) the first statements contained in the second paragraph, and third paragraphs (b) the information regarding stabilizing transactions and passive market making contained under the sub-caption “Price Stabilization, Short Positions, and Penalty Bids,” each under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the Underwriters such Underwriter 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 (Streamline Health Solutions Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm confirm, and the Company acknowledges acknowledges, that the statements with respect to the public offering of the Securities by the Underwriters set forth in the last sentence of the second paragraph under the heading “Underwriting”, the first and third paragraphs paragraph under the caption “Underwriting – Discounts Discounts, Commissions and CommissionsExpenses,” and under the estimate of the Underwriters’ reasonable out-of-pocket accountable fees caption “Short Sales, Stabilizing Transactions and disbursements in connection with the offering of the Securities Penalty Bids” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning 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: Purchase Agreement (Crossroads Systems Inc)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first sentence of the third paragraph, the third sentence of the fourth paragraph, the sentences relating to the selling concessions of the first paragraph under the title “Commissions and third paragraphs Expenses,” and the first sentence of the first paragraph and the first sentence of the sixth paragraph under the caption “Underwriting – Discounts and Commissions- Stabilizationand the 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 the 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 (Alcobra Ltd.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in second, third and fourth paragraphs under the first heading entitled “Price Stabilization, Short Positions and third paragraphs Penalty Bids,” and the information under the heading entitled “Electronic Distribution,” each under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 Prospectus and in the Prospectus are correct and constitute the only information concerning the 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 PackageProspectus, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (OptiNose, Inc.)

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Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs paragraph under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the 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 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 (Airgain Inc)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company and each Selling Stockholder severally acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs paragraph under the caption “Underwriting – Discounts and Commissions” and the 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 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 (Airgain Inc)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs paragraph under the caption “Underwriting – Discounts Discounts, Commissions and CommissionsExpenses,” and the estimate of first, second, third, fourth and sixth paragraphs under the Underwriters’ reasonable out-of-pocket accountable fees heading “Price Stabilization, Short Positions and disbursements Penalty Bids,” in connection with each case under the offering of the Securities caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (CymaBay Therapeutics, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities Shares by the Underwriters set forth in the first paragraph under the subheadingheading “Discounts and third Commissions” and, the two paragraphs under the subheading “Price Stabilization, Short Positions and Penalty Bids and the subheading “Affiliations” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Aravive, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges and agrees that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs paragraph under the caption subheading Underwriting – Discounts and Commissions” and the estimate of language under “United Kingdom” under the Underwriters’ reasonable out-of-pocket accountable fees and disbursements subheading “Selling Restrictions,” each as set forth in connection with the offering of the Securities section “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for use or 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 (Intellicheck, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first sentence of the third paragraph, the first paragraph under the heading “Commissions and third paragraphs Expenses,” the first sentence of the first paragraph and the first sentence of the sixth paragraph under the heading “Stabilization” and the first sentence under the heading “Electronic Distribution” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Progenity, 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” and (ii) the public offering of the Securities by the Underwriters set forth in the first second and third paragraphs under the subheading “Price Stabilization” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Invuity, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first sentence of the first paragraph, the fifth sentence under the second bullet and third paragraphs the fourth sentence of the second paragraph under the heading “Stabilization” and the first sentence under the heading “Passive market making” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Rockwell Medical, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first and third paragraphs paragraph under the caption heading Underwriting – Discounts Underwriting—Commissions and CommissionsDiscounts” and the estimate of third paragraph under the Underwriters’ reasonable out-of-pocket accountable fees heading “Underwriting—Price Stabilization, Short Positions and disbursements in connection with the offering of the Securities Penalty Bids” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning 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: Purchase Agreement (S1 Biopharma, 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 the public offering of the Securities by the Underwriters set forth in the first and third paragraphs under the caption “Underwriting – Underwriting-Discounts and Commissions” and the 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 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 (OptimizeRx Corp)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first [fifth], [fourteenth], [fifteenth], [sixteenth] and third [seventeeth] paragraphs under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Zosano Pharma Corp)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering regarding delivery of the Securities shares by the Underwriters set forth in on the cover page of, the concession and reallowance figures, the paragraph relating to stabilization by the Underwriters and the first sentence of the fourth paragraph and third paragraphs the eighteenth paragraph appearing under the caption “Underwriting – Discounts and CommissionsUnderwritingand the estimate of the Underwriters’ reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities in in, the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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 (TCP International Holdings Ltd.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth [in the first and third paragraphs second paragraph] under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the 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 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 (CUI Global, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first first, second, third, fourth and third sixth paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (aTYR PHARMA 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” and (ii) the public offering of the Securities by the Underwriters set forth in the first second, third and third fourth paragraphs under the subheading “Price Stabilization, Short Positions and Penalty Bids” under the caption “Underwriting – Discounts and CommissionsUnderwritingand the 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 the 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 (Invuity, 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 the public offering of the Securities by the Underwriters set forth in the first and third paragraphs under the caption “Underwriting – Underwriting—Discounts and Commissions” and the 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 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 (WPP PLC)

Information Provided by the Underwriters. The Underwriters severally confirm and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth in the first first, second, third and third forth paragraphs under the caption heading Underwriting – Discounts Underwriting—Price Stabilization, Short Positions and CommissionsPenalty Bidsrelating to price stabilization, short positions and penalty bids, and the estimate of concession figures appearing in the Underwriters’ reasonable out-of-pocket accountable fees first paragraph under the heading “Underwriting—Discounts, Commissions and disbursements in connection with the offering of the Securities Expenses” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the such Underwriters furnished in writing to the Company by or on behalf of the Underwriters or its counsel 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 (Surgalign Holdings, Inc.)

Information Provided by the Underwriters. The Underwriters severally confirm and each of the Company and the Subsidiary acknowledges that the statements with respect to the public offering of the Securities by the Underwriters set forth and contained in the first sentence under the heading “Commissions and third paragraphs Discounts” under the caption “Underwriting – Discounts and CommissionsUnderwriting” and the estimate of five paragraphs under the Underwriters’ reasonable out-of-pocket accountable fees heading “Price Stabilization, Short Positions and disbursements in connection with Penalty Bids” under the offering of the Securities caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the 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: Form of Purchase Agreement (Habit Restaurants, Inc.)

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