Common use of Persons Entitled to Benefit of Agreement Clause in Contracts

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 415 contracts

Samples: Underwriting Agreement (Getty Realty Corp /Md/), Underwriting Agreement (Ares Management Corp), South Jersey (South Jersey Industries Inc)

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Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 272 contracts

Samples: Underwriting Agreement (Teads S.A.), Letter Agreement (Globant S.A.), Underwriting Agreement (Cleveland-Cliffs Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe several Underwriters.

Appears in 245 contracts

Samples: Underwriting Agreement (Nyxoah SA), Purchase Agreement (CymaBay Therapeutics, Inc.), Underwriting Agreement (aTYR PHARMA INC)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof5. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Agent.

Appears in 93 contracts

Samples: Equity Distribution Agreement (Jet.AI Inc.), Equity Distribution Agreement (Agriforce Growing Systems Ltd.), Equity Distribution Agreement (Data Storage Corp)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriters.

Appears in 87 contracts

Samples: Underwriting Agreement (Fitness Champs Holdings LTD), Underwriting Agreement (COR3&Co. (Holdings) LTD), Underwriting Agreement (JBDI Holdings LTD)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 85 contracts

Samples: Underwriting Agreement (Gilead Sciences, Inc.), Underwriting Agreement (Carlyle Group Inc.), Underwriting Agreement (Carlyle Group Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 61 contracts

Samples: Synergy Resources Corporation (Synergy Resources Corp), Intra-Cellular Therapies, Inc., Intra-Cellular Therapies, Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 56 contracts

Samples: Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (New Horizon Aircraft Ltd.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 53 contracts

Samples: Underwriting Agreement (Teladoc, Inc.), Underwriting Agreement (Third Point Reinsurance Ltd.), Lock Up Agreement (Vantiv, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.

Appears in 49 contracts

Samples: Credit Agreement (Semtech Corp), Purchase Agreement (Callon Petroleum Co), Opko Health, Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereofsuccessors. Nothing in this Agreement is intended or shall be construed to give any other person person, other than the affiliates, officers, directors and controlling persons referred to in Section 7 and their respective heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Offered Certificates from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 46 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2015-C33), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2015-C31), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2015-C29)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 45 contracts

Samples: Underwriting Agreement (MamaMancini's Holdings, Inc.), Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Austin Gold Corp.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 40 contracts

Samples: Underwriting Agreement (Kinsale Capital Group, Inc.), Underwriting Agreement (Kinsale Capital Group, Inc.), Underwriting Agreement (Kinsale Capital Group, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 37 contracts

Samples: Underwriting Agreement (Trinity Capital Inc.), Administration Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Sixth Street Specialty Lending, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 36 contracts

Samples: Underwriting Agreement (Luxurban Hotels Inc.), Underwriting Agreement (Rada Electronic Industries LTD), Underwriting Agreement (EnSync, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereofsuccessors. Nothing in this Agreement is intended or shall be construed to give any other person person, other than the affiliates, officers, directors and controlling persons referred to in Section 7 and their respective heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares investor in Offered Certificates from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 36 contracts

Samples: Pooling and Servicing Agreement (Benchmark 2023-B40 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2021-B28 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2021-B24 Mortgage Trust)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriter.

Appears in 34 contracts

Samples: Underwriting Agreement (Venus Concept Inc.), Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Inpixon)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriter.

Appears in 29 contracts

Samples: Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (REE Automotive Ltd.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriters.

Appears in 26 contracts

Samples: Underwriting Agreement (Docola, Inc.), Underwriting Agreement (bioAffinity Technologies, Inc.), Underwriting Agreement (Med-X, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Public Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 23 contracts

Samples: Warrant Agreement (Horizon Space Acquisition I Corp.), Warrant Agreement (Horizon Space Acquisition I Corp.), Warrant Agreement (Horizon Space Acquisition I Corp.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 22 contracts

Samples: Underwriting Agreement (Tactile Systems Technology Inc), Underwriting Agreement (Healthequity, Inc.), Underwriting Agreement (Impac Mortgage Holdings Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 20 contracts

Samples: Underwriting Agreement (DP Cap Acquisition Corp I), Forward Purchase Agreement (Israel Amplify Program Corp.), Underwriting Agreement (Novus Capital Corp II)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 19 contracts

Samples: Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (ECOLOMONDO Corp INC.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 18 contracts

Samples: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Asv Holdings, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 16 contracts

Samples: Kennametal Inc, Kennametal Inc, SVB Financial Group

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, and their respective successors and to the officers and directors and any controlling persons benefit of the indemnified parties referred to in Section 7 hereof, and in each case their respective successors. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.

Appears in 16 contracts

Samples: Netflix Inc, Netflix Inc, Netflix Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 11 contracts

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the affiliates, officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 11 contracts

Samples: Underwriting Agreement (Vital Energy, Inc.), Seres Therapeutics, Inc., Underwriting Agreement (Laredo Petroleum, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 11 contracts

Samples: Underwriting Agreement (Carlyle Group L.P.), Underwriting Agreement (Palatin Technologies Inc), Underwriting Agreement (Carlyle Group L.P.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 10 contracts

Samples: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Clean Diesel Technologies Inc), Underwriting Agreement (Chisen Electric Corp)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Offered Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 10 contracts

Samples: Underwriting Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Restaurant Brands International Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons Indemnified Persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 10 contracts

Samples: Underwriting Agreement (Prudential Financial Inc), Underwriting Agreement (Prudential Financial Inc), Underwriting Agreement (Prudential Financial Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy remedy, benefit or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.

Appears in 9 contracts

Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Securities.

Appears in 9 contracts

Samples: Placement Agency Agreement (Ocean Power Technologies, Inc.), Placement Agency Agreement (NTN Buzztime Inc), Placement Agency Agreement (Ocean Power Technologies, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the affiliates, employees, officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 7 contracts

Samples: Atotech LTD, Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Common Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 7 contracts

Samples: Underwriting Agreement (Eagle Bancorp Montana, Inc.), Underwriting Agreement (Glacier Bancorp Inc), Underwriting Agreement (Sterling Construction Co Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereofsuccessors. Nothing in this Agreement is intended or shall be construed to give any other person person, other than the affiliates, officers, directors and controlling persons referred to in Section 6 hereof and their respective heirs and legal representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Notes from any Underwriter the Placement Agent shall be deemed to be a successor merely by reason of such purchase.

Appears in 7 contracts

Samples: Placement Agreement (Arbor Realty Trust Inc), Placement Agreement (Arbor Realty Trust Inc), Placement Agreement (Arbor Realty Trust Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the successors, officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy remedy, benefit or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.

Appears in 7 contracts

Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.), MPT Operating Partnership, L.P.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers officers, trustees and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 7 contracts

Samples: Underwriting Agreement (Chesapeake Lodging Trust), Chesapeake Lodging Trust, Underwriting Agreement (Chesapeake Lodging Trust)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors directors, affiliates and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 6 contracts

Samples: Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.

Appears in 6 contracts

Samples: Underwriting Agreement (Torchlight Energy Resources Inc), Underwriting Agreement (Profire Energy Inc), Underwriting Agreement (Profire Energy Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Underwritten Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 6 contracts

Samples: Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.), Underwriting Agreement (Global Water Resources, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 10 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Palatin Technologies Inc), Equity Distribution Agreement (T2 Biosystems, Inc.), Equity Distribution Agreement (T2 Biosystems, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Offered ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Amarin Corp Plc\uk), Underwriting Agreement (Amarin Corp Plc\uk), Zai Lab LTD

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Pixelplus Co., Ltd.), Xunlei LTD, Underwriting Agreement (Watchdata Technologies Ltd.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors officers, directors, partners, selling agents and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 5 contracts

Samples: Synovus Financial Corp, Southern National Bancorp of Virginia Inc, Synovus Financial Corp

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Agent.

Appears in 5 contracts

Samples: Distribution Agreement (Diana Shipping Inc.), Equity Distribution Agreement (Top Ships Inc.), Equity Distribution Agreement (Top Ships Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Baxalta Inc), Letter Agreement (Kansas City Southern), Magellan Health Services Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 5 contracts

Samples: Qiwi, Qiwi, Trony Solar Holdings Co LTD

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 4 contracts

Samples: M I Homes Inc, Fidelity National Financial, Inc., M I Homes Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 4 contracts

Samples: www.sec.gov, Underwriting Agreement (Cencosud S.A.), Grupo Aval Acciones Y Valores S.A.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Union Drilling Inc), Encore Acquisition Co, Alaska Communications Systems Group Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors directors, affiliates and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 4 contracts

Samples: Planet Fitness, Inc., Planet Fitness, Inc., Planet Fitness, Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and any controlling persons referred to herein, and the affiliates, officers and directors and any controlling persons of each Underwriter referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Copano Energy, L.L.C.), Underwriting Agreement (Omnicare Inc), Omnicare Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Units.

Appears in 4 contracts

Samples: Placement Agency Agreement (Uni-Pixel), Placement Agency Agreement (Real Goods Solar, Inc.), Placement Agency Agreement (Real Goods Solar, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (United Breweries Co Inc), Underwriting Agreement (Webzen Inc), Underwriting Agreement (Webzen Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof9. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriters.

Appears in 4 contracts

Samples: Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (Digital Ally Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and and, in the officers and directors and any controlling persons referred to in case of Section 7 hereof7, each Indemnified Person. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing Except as expressly provided in the Subscription Agreements, nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.

Appears in 4 contracts

Samples: Guided Therapeutics Inc, Guided Therapeutics Inc, Guided Therapeutics Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.

Appears in 3 contracts

Samples: HighPeak Energy, Inc., HighPeak Energy, Inc., HighPeak Energy, Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.

Appears in 3 contracts

Samples: Placement Agent Agreement (Mines Management Inc), Placement Agent Agreement (Tonix Pharmaceuticals Holding Corp.), Atossa Genetics Inc

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Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons and the affiliates of each Underwriter referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Costar Group, Inc., Costar Group, Inc., Costar Group Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc), Clean Diesel Technologies Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.

Appears in 3 contracts

Samples: Placement Agency Agreement (Perma Fix Environmental Services Inc), Placement Agency Agreement (Ocean Power Technologies, Inc.), Placement Agency Agreement (Uranium Resources Inc /De/)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the assigns and their controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Offered Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 3 contracts

Samples: Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: TTM Technologies Inc, Underwriting Agreement (TTM Technologies Inc), TTM Technologies Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Offered Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Stratasys Ltd.), Underwriting Agreement (Objet LTD), Underwriting Agreement (SodaStream International Ltd.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Acorda Therapeutics Inc, Affymetrix Inc, Central European Distribution Corp

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Underwritten Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 8 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Notes from any Underwriter Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Registration Rights Agreement (Sixth Street Lending Partners), Registration Rights Agreement (Sixth Street Lending Partners), TPG Specialty Lending, Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Fidelity National Financial, Inc., Fidelity National Financial, Inc., Fidelity National Financial, Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Cannae Holdings, Inc.), Underwriting Agreement (Cannae Holdings, Inc.), Ramco Gershenson Properties Trust

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter the Underwriters shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Third Point Reinsurance Ltd.), Underwriting Agreement (Third Point Reinsurance Ltd.), J C Penney Co Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Lucid Inc), Underwriting Agreement (Lucid Inc), Underwriting Agreement (Lucid Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Underwritten Units from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriter.

Appears in 3 contracts

Samples: Underwriting Agreement (Frankly Inc), Underwriting Agreement (Frankly Inc), Underwriting Agreement (Frankly Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling control persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasepurchase in the Offering.

Appears in 3 contracts

Samples: Trinity Capital Corp, Sales Agency Agreement (Village Bank & Trust Financial Corp.), Sales Agency Agreement (Village Bank & Trust Financial Corp.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Underwritten Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Regency Centers Corp, Synovus Financial Corp, Synovus Financial Corp

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 10 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 3 contracts

Samples: Up Agreement (Sutherland Asset Management Corp), WHITEWAVE FOODS Co, Zoetis Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Underwritten Units from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (NV5 Holdings, Inc.), Underwriting Agreement (NV5 Holdings, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers any officers, directors, affiliates and directors and any controlling persons referred to in Section 7 6 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Embraer S.A.), Underwriting Agreement (Embraer - Empresa Brasileira De Aeronautica S.A.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy remedy, benefit or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (MPT Operating Partnership, L.P.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors officers, directors, affiliates, employees, partners, agents and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: FNB Corp/Pa/, FNB Corp/Pa/

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Units from any the Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (AF Acquisition Corp.), AF Acquisition Corp.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors successors, agents, affiliates and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (SiriusPoint LTD)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof9. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (NeoStem, Inc.), Underwriting Agreement (SkyPeople Fruit Juice, Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Common Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Sterling Construction Co Inc), Sterling Construction Co Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof6. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseherein contained.

Appears in 2 contracts

Samples: Alteon Inc /De, Alteon Inc /De

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Stock from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Mid Penn Bancorp Inc), Underwriting Agreement (Mid Penn Bancorp Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and, with respect to Section 7, the officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Pixelworks, Inc), Underwriting Agreement (Pixelworks, Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of Shares any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchasePlacement Agent.

Appears in 2 contracts

Samples: Placement Agent Agreement (Ohr Pharmaceutical Inc), Placement Agent Agreement (DelMar Pharmaceuticals, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and any controlling persons referred to herein, and the affiliates, officers and directors and any controlling persons of each Underwriter referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Units from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Copano Energy, L.L.C.), Underwriting Agreement (Copano Energy, L.L.C.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the sole benefit of and be binding upon the parties hereto and their respective successors and the officers affiliates, officers, trustees and directors and any controlling persons referred to in Section 7 hereofof each Lender. Nothing in this Agreement is intended or shall be construed to give any person, other person than the persons referred to in this Section 8.12, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Agreement (Viatel Holding Bermuda LTD), Agreement (Morgan Stanley)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any Purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.

Appears in 2 contracts

Samples: Placement Agent Agreement (Digital Cinema Destinations Corp.), Catalyst Pharmaceutical Partners, Inc.

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof8. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchaseUnderwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (ACM Research, Inc.), Underwriting Agreement (ACM Research, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors directors, affiliates and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Planet Fitness, Inc., ECPM Holdings, LLC

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and, with respect to Section 7, the officers and directors and any controlling persons referred to in Section 7 hereof7. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Pixelworks, Inc), Underwriting Agreement (Pixelworks, Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the affiliates, officers and directors directors, and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Redwood Trust Inc), Underwriting Agreement (Redwood Trust Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to in Section 7 9 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Offered ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Mesoblast LTD, Underwriting Agreement (Acquity Group LTD)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and any controlling Persons referred to herein, and the affiliates, officers and directors and any controlling persons referred to in Section 7 hereofof the Purchaser. Nothing in this Agreement is intended or shall be construed to give any other person Person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares Securities from any Underwriter the Purchaser shall be deemed to be a successor merely by reason of such purchase.

Appears in 2 contracts

Samples: Registration Rights Agreement (GeoEye, Inc.), Registration Rights Agreement (GeoEye, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person person, firm or corporation any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinherein contained. No purchaser The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Solta Medical Inc), Underwriting Agreement (KIT Digital, Inc.)

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