Common use of Other Underwriting Agreements Clause in Contracts

Other Underwriting Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction. Any certificate signed by an officer of the Company and delivered to XX Xxxxx or to counsel for XX Xxxxx pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company to XX Xxxxx as to the matters set forth therein. The Company acknowledges that XX Xxxxx and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to XX Xxxxx, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Other Underwriting Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction. Any certificate signed by an any officer or representative of the Company and delivered to XX Xxxxx the Agent or to counsel for XX Xxxxx pursuant to or the Agent in connection with this Agreement the sale of Shares shall be deemed to be a representation and warranty by the Company to XX Xxxxx the Agent as to the matters set forth thereincovered thereby on the date of such certificate. The Company acknowledges that XX Xxxxx the Agent and, for purposes of the opinions to be delivered pursuant to Section 7 4(o) hereof, counsel to the Company and counsel to XX Xxxxxthe Agent, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Other Underwriting Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction. Any certificate signed by an officer of the Company and delivered to XX Xxxxx or to counsel for XX Xxxxx pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company to XX Xxxxx as to the matters set forth therein. The Company acknowledges that XX Xxxxx and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to XX Xxxxx, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Other Underwriting Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction. Any certificate signed by an officer of the Company and delivered to XX Xxxxx the Agent or to counsel for XX Xxxxx pursuant to or the Agent in connection with this Agreement shall be deemed to be a representation and warranty by the Company to XX Xxxxx the Agent as to the matters set forth therein. 231037746 v5 The Company acknowledges that XX Xxxxx the Agent and, for purposes of the opinions to be delivered pursuant to Section 7 4(o) hereof, counsel to the Company and counsel to XX Xxxxxthe Agent, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Other Underwriting Agreements. The Company is not a party to any agreement with an agent or underwriter for any other “at the market” or continuous equity transaction. Any certificate signed by an officer of the Company and delivered to XX Xxxxx or to counsel for XX Xxxxx pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed to be a representation and warranty by the Company to XX Xxxxx as to the matters set forth therein. The Company acknowledges that XX Xxxxx and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to XX Xxxxx, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.