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 paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, fourth and sixth paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids,” in each case under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 2 contracts

Samples: Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay 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 first sentence of the third paragraph under the caption “Underwriting,” the first two sentences of the first paragraph under the caption “Discounts, Commissions Underwriting—Commission and Expenses,” and the first, second, third, fourth and sixth paragraphs under first sentence of the heading “Price Stabilization, Short Positions and Penalty Bids,” in each case first paragraph under the caption “Underwriting—Stabilization” in the Time of Sale Disclosure Package Prospectus and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure 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 and contained in the first paragraph sentence under the heading “Commissions and Discounts” under the caption “Discounts, Commissions and Expenses,Underwriting” and the first, second, third, fourth and sixth six paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids,in each case under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (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 paragraph sentence of the first paragraph, the fifth sentence under the caption “Discounts, Commissions and Expenses,” second bullet and the first, second, third, fourth and sixth paragraphs sentence of the second paragraph under the heading “Price Stabilization, Short Positions and Penalty Bids,the first sentence under the heading “Passive market makingin each case under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (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 Shares and Warrants by the Underwriters set forth in the first paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, fourth and sixth paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids,” in each case under the caption “Underwriting” 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 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 the first paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, third and fourth and sixth paragraphs under the heading entitled “Price Stabilization, Short Positions and Penalty Bids,” in and the information under the heading entitled “Electronic Distribution,” each case under the caption “Underwriting” in the Time of Sale Disclosure Package Prospectus and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure PackageProspectus, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (OptiNose, 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 “Discounts, Commissions and Expenses,” and the first, second, third, third and fourth and sixth paragraphs under the heading “Underwriting—Price Stabilization, Short Positions and Penalty Bids,relating to price stabilization, short positions and penalty bids, and the concession figures appearing in each case the first paragraph under the caption heading “Underwriting—Discounts, Commissions and Expenses” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters 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: Purchase Agreement (OncoCyte 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 Time of Sale Disclosure Package and in the Prospectus concerning the Underwriters contained in the penultimate paragraph under the caption heading DiscountsDiscounts and Commissions”, Commissions and Expenses,” and the first, second, third, fourth and sixth paragraphs first sentence under the heading “Price Stabilization, Short Positions and Penalty Bids,in each case and the first three sentences under the heading “Electronic Offer, Sale and Distribution of Shares” under the caption “Underwriting.in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Gemphire 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 by the Underwriters set forth in the first paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, fourth third and sixth forth paragraphs under the heading “Underwriting—Price Stabilization, Short Positions and Penalty Bids,relating to price stabilization, short positions and penalty bids, and the concession figures appearing in each case the first paragraph under the caption heading “Underwriting—Discounts, Commissions and Expenses” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters 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 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 paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, fourth and sixth paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids,” in each case under the caption “UnderwritingShort Sales, Stabilizing Transactions and Penalty Bids” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such the Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: 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 second paragraph under the caption “Discounts"Underwriting", Commissions and Expenses,” and in the first, second, third, fourth second and sixth third paragraphs under the heading “Price caption "Underwriting–Stabilization, Short Positions and Penalty Bids,” " and in each case the only paragraph under the caption "Underwriting–Electronic Distribution" in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (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 second, third and fourth paragraphs, and the second sentence of the first paragraph, under the heading “Price Stabilization and Short Postitions” and (ii) the first paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, fourth and sixth paragraphs under the heading “Price StabilizationElectronic Offer, Short Positions Sale and Penalty Bids,” in each case under the caption “UnderwritingDistributions of Shares” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, in any Preliminary Prospectus, in the Time of Sale Disclosure Package, in the Prospectus or in any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Alphatec 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 “Discounts, Underwriting—Commissions and ExpensesDiscounts,” and the first, second, third, fourth and sixth first three paragraphs under the heading caption Underwriting—Price Stabilization, Short Positions and Penalty Bids,in each case and the paragraph under the caption “Underwriting—Electronic Offer, Sale and Distributions of Shares” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (ONCOSEC MEDICAL 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 paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, fourth and sixth paragraphs sentence under the heading “Price Stabilization, Short Positions and Penalty BidsUnderwriting—Underwriting Discount,” in each case the sixth sentence under the caption heading “Underwriting—Stabilization” and the first sentence under the heading “Underwriting—Passive Market Making” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Mackinac Financial Corp /Mi/)

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 “Discounts, Commissions and Expenses,” and the first, second, third, third and fourth and sixth paragraphs under the heading entitled “Price Stabilization, Short Positions and Penalty Bids,” in and the information under the heading entitled “Electronic Distribution,” each case under the caption “Underwriting” in the Time of Sale Disclosure Package Prospectus and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure PackageProspectus, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (OptiNose, 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 paragraph under the caption “Discounts, Commissions and Expenses,” and the first, second, third, third and fourth and sixth paragraphs under the heading subheading “Price Stabilization, Short Positions and Penalty Bids,in each case under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Invuity, Inc.)

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

Appears in 1 contract

Samples: Purchase Agreement (Sientra, Inc.)

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 caption heading Discounts, Commissions and Expenses,” the first sentence of the first paragraph and the first, second, third, fourth and first sentence of the sixth paragraphs paragraph under the heading “Price Stabilization, Short Positions and Penalty Bids,the first sentence under the heading “Electronic Distributionin each case under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Progenity, 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 caption title Discounts, Commissions and Expenses,” and the first, second, third, fourth first sentence of the first paragraph and the first sentence of the sixth paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids,” in each case paragraph under the caption “UnderwritingUnderwriting - Stabilization” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (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 Shares by the Underwriters set forth in the first paragraph under the caption subheadingheading DiscountsDiscounts and Commissions” and, Commissions and Expenses,” and the first, second, third, fourth and sixth two paragraphs under the heading subheading “Price Stabilization, Short Positions and Penalty Bids,Bids and the subheading “Affiliationsin each case under the caption “Underwriting” in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning such Underwriters furnished in writing to the Company by or on behalf of the Underwriters specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Aravive, Inc.)

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