Common use of Information Provided by the Underwriters Clause in Contracts

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 (including the Representatives) 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 fourth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 2 contracts

Samples: Underwriting Agreement (Keryx Biophamaeuticals Inc), Underwriting Agreement (Keryx Biopharmaceuticals Inc)

AutoNDA by SimpleDocs

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, Selling Stockholders hereby acknowledges acknowledge that the only information that the Underwriters (including the Representatives) 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 fourth 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), Underwriting Agreement (Netsolve Inc)

Information Provided by the Underwriters. The Company Company, the Principal Stockholders and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, Selling Stockholders hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 fourth 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: Underwriting Agreement (Resourcephoenix Com)

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 ActStockholders, hereby acknowledges that the only information that the Underwriters (including the Representatives) have furnished to the Company and the Stockholders 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 fourth 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: Underwriting Agreement (Centra Software 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 ActSelling Shareholders, hereby acknowledges acknowledge that the only information that the Underwriters (including the Representatives) 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 fourth 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: Underwriting Agreement (T/R Systems 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, Selling Stockholders hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 set forth in the fourth 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: Underwriting Agreement (MCK Communications Inc)

Information Provided by the Underwriters. The Each of the Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, Selling Shareholders hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 fourth 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 Each of the Company and each of the Selling Stockholders, 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 (including the Representatives) 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 fourth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Net Perceptions 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 (including the Representatives) have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus or the Prospectus Prospectuses (or any amendment or supplement thereto) are the statements set forth in the fourth paragraph under the caption "Underwriting" in the ProspectusProspectuses; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Healthstream 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, Selling Stockholders hereby acknowledges acknowledge that the only information that the Underwriters (including the Representatives) 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 is the statements information set forth in [(i) the fourth second sentence in the second paragraph following the table on the cover of the Prospectus, and (ii) the first table and the first, second and third paragraphs and the paragraph following the subcaption "Stabilization" under the caption "Underwriting" in the Prospectus]; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Rudolph Technologies 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 ActSelling Stockholders, hereby acknowledges acknowledge that the only information that the Underwriters (including the Representatives) 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 set forth in the fourth 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: Underwriting Agreement (Ramp Networks Inc)

Information Provided by the Underwriters. The Each of the Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, Selling Stockholders hereby acknowledges that the only information that the Underwriters (including the Representatives) have furnished to the Company expressly for use in the Registration Statement, any preliminary prospectus Statement or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the fourth paragraph Prospectus under the caption "Underwriting" as follows: (i) in the Prospectus; table in the first paragraph and the second paragraph, (ii) in the subsection entitled "Syndicated Short Sales" and (iii) in the subsection entitled "Stabilization;" and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Landrys Restaurants 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, Selling Shareholder hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 fourth paragraph first, second, sixth, eighth and ninth paragraphs under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Daleen Technologies Inc)

Information Provided by the Underwriters. The Company and each person, if any, who controls Each of the Company within the meaning of the Securities Act or the Exchange Act, Selling Stockholder hereby acknowledges that the only information that the Underwriters (including the Representatives) have furnished to the Company and the Selling Stockholder 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 fourth 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: Underwriting Agreement (Interep National Radio Sales Inc)

AutoNDA by SimpleDocs

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, Selling Stockholders hereby acknowledges acknowledge that the only information that the Underwriters (including the Representatives) 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 fourth table in the first paragraph and the statements in the second, sixth, eighth and ninth paragraphs under the caption "Underwriting" in the Prospectus; and the . The Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Netsolve Inc)

Information Provided by the Underwriters. The Company Company, the Selling Stockholders and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, hereby acknowledges Underwriters acknowledge and agree that the only information that the Underwriters (including the Representatives) have furnished or to be furnished by any Underwriter to the Company expressly for use inclusion in the Registration Statement, any preliminary prospectus Preliminary Prospectus, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) are consists of the statements information set forth under the caption “Underwriting” in the fourth paragraph under the caption "Underwriting" and thirteenth through nineteenth paragraphs in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Equity Underwriting Agreement (Solutia Inc)

Information Provided by the Underwriters. The Each of the Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange ActSelling Stockholders, hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 set forth in the fourth table in the first paragraph, the second paragraph and the eighth paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Varsitybooks 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, Selling Stockholders hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 set forth in the fourth paragraph following paragraphs under the caption "Underwriting" in the Prospectus: (i) the table in the first paragraph, (ii) the third paragraph, and (iii) the tenth through fourteenth paragraphs; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Charlotte Russe Holding Inc)

Information Provided by the Underwriters. The Each of the Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, Selling Stockholders hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 fourth table in the first paragraph, the second paragraph and the [________] paragraph under the caption "Underwriting" in the Prospectus; and the Underwriters confirm that such statements are correct.

Appears in 1 contract

Samples: Underwriting Agreement (Chordiant Software Inc)

Information Provided by the Underwriters. The Each of the Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, Selling Stockholders hereby acknowledges acknowledge that the only information that the Underwriters (including the Representatives) 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 fourth table in the first paragraph and the 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

Samples: 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 (including the Representatives) 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 fourth 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: Underwriting Agreement (Fibernet Telecom Group Inc\)

Information Provided by the Underwriters. The Each of the Company and each person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act, Selling Stockholder hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 fourth paragraph table in the first, second, third, fourth, ninth, tenth, eleventh, and 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: Underwriting Agreement (Integrated Information Systems 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 ActSelling Shareholders, hereby acknowledges that the only information that the Underwriters (including the Representatives) 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 fourth 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: Underwriting Agreement (Critical Path Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!