Opinions. Company shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Date, given in part by Xxxxxx & Xxxxxxx LLP and in part by Fenwick & West LLP, with respect to the matters set forth in Sections 8(a) through (d) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, excepts and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 8 contracts
Samples: Warrant Agreement (Shutterfly Inc), Warrant Agreement (Shutterfly Inc), Warrant Agreement (Shutterfly Inc)
Opinions. Company shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx & Xxxxxxx LLP and in part by Fenwick & West LLP, with respect to the matters set forth in Sections 8(a) through (d) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, qualifications including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 8 contracts
Samples: Warrant Agreement (Nevro Corp), Warrant Agreement (Nevro Corp), Warrant Agreement (Nevro Corp)
Opinions. Company shall deliver to Dealer one or more opinions an opinion of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx & Xxxxxxx LLP and in part by Fenwick & West LLP, with respect to the matters set forth in Sections 8(a) through (dc) and Section 8(d)(ii) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 8 contracts
Samples: Warrant Agreement (Gilead Sciences Inc), Warrant Agreement (Gilead Sciences Inc), Warrant Agreement (Gilead Sciences Inc)
Opinions. Company Counterparty shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx & Xxxxxxx LLP and in part by Fenwick & West LLP, with respect to the matters set forth in Sections 8(a) through (dc) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, qualifications including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 6 contracts
Samples: Additional Call Option Transaction (Nevro Corp), Base Call Option Transaction (Nevro Corp), Call Option Transaction (Nevro Corp)
Opinions. Company shall deliver to Dealer one or more opinions an opinion of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx & Xxxxxxx LLP and in part by Fenwick & West LLP, with respect to the matters set forth in Sections 8(a) through (d) of this ConfirmationConfirmation (except as to whether this Confirmation constitutes Company’s valid and binding obligation or is enforceable in accordance with its terms); provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, excepts and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 3 contracts
Samples: Warrant Agreement (Patrick Industries Inc), Warrant Agreement (Patrick Industries Inc), Warrant Agreement (Patrick Industries Inc)
Opinions. Company shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx & Xxxxxxx LLP and in part by Fenwick & West LLP, with respect to the matters set forth in Sections 8(aSection 3(a) through (dof the Agreement and in Section 8(a)(i) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, excepts and qualifications relating to indemnification provisions. Delivery of such opinion or opinions, as the case may be, when due, to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (I3 Verticals, Inc.), Warrant Agreement (Uniti Group Inc.)
Opinions. Company shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx Dxxxx Xxxx & Xxxxxxx LLP and in part by Fenwick & West Wxxxxxxx LLP, with respect to the matters set forth in Sections 8(a) through (d) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, qualifications including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Semtech Corp), Warrant Agreement (Semtech Corp)
Opinions. Company shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx & Xxxxxxx LLP and in part by Fenwick & West LLP, with respect to the matters set forth in Sections 8(a) through (d) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Integrated Device Technology Inc), Warrant Agreement (Integrated Device Technology Inc)
Opinions. Company shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx Xxxxxxxx & Xxxxxxx LLP and in part by Fenwick & West Xxxxx LLP, with respect to the matters set forth in Sections 8(a) through (d) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, qualifications including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Company Counterparty shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx Xxxxx Xxxx & Xxxxxxx LLP and in part by Fenwick & West Xxxxxxxx LLP, with respect to the matters set forth in Sections 8(a8(a) through (d(c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, qualifications including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Company shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx Xxxxxxx Xxxxxxx & Xxxxxxx LLP and in part by Fenwick & West Xxxxxxxx LLP, with respect to the matters set forth in Sections 8(a) through (d) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, qualifications including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Company Counterparty shall deliver to Dealer one or more opinions of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx Xxxxxxxx & Xxxxxxx LLP and in part by Fenwick & West Xxxxx LLP, with respect to the matters set forth in Sections 8(a) through (dc) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, qualifications including, without limitation, excepts exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction (John Bean Technologies CORP)
Opinions. Company shall deliver to Dealer one or more opinions an opinion of counsel, dated as of the Effective Premium Payment Date, given in part by Xxxxxx & Xxxxxxx LLP substantially the form as agreed between Dealer and in part by Fenwick & West LLP, Company with respect to the matters set forth in Sections 8(a8(a)(i) through 8(a)(iv) (d) of this Confirmation; provided it being agreed that any such opinion of counsel may contain customary exceptions and qualifications, including, including without limitation, excepts exceptions and qualifications relating to indemnification provisions). Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Brocade Communications Systems Inc)