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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the 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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgent.
Appears in 90 contracts
Samples: Equity Distribution Agreement (Data Storage Corp), Equity Distribution Agreement (InspireMD, Inc.), Equity Distribution Agreement (Cellectar Biosciences, 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.
Appears in 80 contracts
Samples: Underwriting Agreement (JBDI Holdings LTD), Underwriting Agreement (Kindly MD, Inc.), 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 assigns and the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 69 contracts
Samples: Underwriting Agreement (Aqua Metals, Inc.), Underwriting Agreement (Agilysys Inc), Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 61 contracts
Samples: Underwriting Agreement (Aytu Bioscience, Inc), Underwriting Agreement (Checkpoint Therapeutics, Inc.), Underwriting Agreement (Oramed 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities Shares from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 54 contracts
Samples: Underwriting Agreement (New Horizon Aircraft Ltd.), Underwriting Agreement (Better Therapeutics, Inc.), Underwriting Agreement (Sonnet BioTherapeutics 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 assigns and the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 52 contracts
Samples: Underwriting Agreement (IZEA Worldwide, Inc.), Purchase Agreement (Chembio Diagnostics, Inc.), Purchase Agreement (Motorcar Parts America 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersUnderwriter.
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 assigns and the controlling persons, officers and directors referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several 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 assigns and the controlling persons, officers and directors referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersUnderwriter.
Appears in 28 contracts
Samples: Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (REE Automotive Ltd.), Underwriting Agreement (Shimmick 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
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 assigns and the controlling persons, officers and directors referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several 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 referred to in Section 65(e). Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgent.
Appears in 15 contracts
Samples: Equity Distribution Agreement (Motus GI Holdings, Inc.), Equity Distribution Agreement (Nuvectra Corp), Equity Distribution Agreement (Fulgent Genetics, 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 referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 11 contracts
Samples: Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, 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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 9 contracts
Samples: Purchase Agreement (Aveo Pharmaceuticals Inc), Underwriting Agreement (Inovio Pharmaceuticals, Inc.), Purchase Agreement (Aveo 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 assigns and and, with respect to Section 6, the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Rekor Systems, Inc.), Underwriting Agreement (HyreCar Inc.), Underwriting Agreement (Heritage Global 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 and, with respect to Section 8, the controlling persons, officers and directors referred to in Section 68. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (PowerFleet, Inc.), Underwriting Agreement (Aspen Group, Inc.), Underwriting Agreement (Aspen 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 6 contracts
Samples: Purchase Agreement (Amresco Inc), Purchase Agreement (Layne Christensen Co), Purchase Agreement (TCF 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Underwritten Shares from any of the several UnderwritersUnderwriter.
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 assigns and the controlling persons, officers and directors referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgents.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.), Equity Distribution Agreement (Guardion Health Sciences, Inc.), Equity Distribution Agreement (Prothena Corp Public LTD Co)
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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Purchase Agreement (S&W Seed Co), TEKMIRA PHARMACEUTICALS Corp, Purchase Agreement (Anthracite Capital 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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement, Underwriting Agreement (AMERI Holdings, Inc.), Underwriting Agreement (AMERI 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 assigns and the controlling persons, officers officers, directors, employees and directors agents referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Skylight Health Group Inc.), Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Aurinia 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 assigns any controlling persons referred to herein, and the controlling personsaffiliates, officers and directors of each Underwriter referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities Notes from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch purchase.
Appears in 5 contracts
Samples: EQT Corp, EQT Corp, Underwriting Agreement (EQT 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 officers, employees and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (BioPharmX 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 referred to in Section 68. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (Crexendo, Inc.), Underwriting Agreement (Usa 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares and Warrants from any of the several UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (Biocept 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares and Warrants from any of the several Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Remark Holdings, Inc.), Underwriting Agreement (Real Goods Solar, Inc.), Underwriting 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 assigns and the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Capital Securities from any of the several Underwriters.
Appears in 4 contracts
Samples: Purchase Agreement (CFB Capital Iv), Community First Bankshares Inc, Community First Bankshares 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (TEKMIRA PHARMACEUTICALS Corp), Taylor Capital Group Inc, Taylor 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used No purchaser of Shares from the Underwriter shall not include any purchaser, as be deemed to be a successor merely by reason of such purchaser, of any of the Securities from any of the several Underwriterspurchase.
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 assigns any controlling persons referred to herein, and the controlling personsaffiliates, officers and directors of each Underwriter referred to in Section 65 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities Shares from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (EQT Corp), Master Purchase Agreement (EQT Corp), Underwriting Agreement (EQT 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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgent.
Appears in 4 contracts
Samples: Distribution Agreement (Nexgel, Inc.), Equity Distribution Agreement (Artelo Biosciences, Inc.), MGO Global 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (OptiNose, Inc.), Underwriting Agreement (OptiNose, Inc.), Purchase Agreement (Winner Medical 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.), Purchase Agreement (Aravive, Inc.), Purchase Agreement (CONTRAFECT 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities ADSs from any of the several Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Edap TMS Sa), Purchase Agreement (Edap TMS Sa), Underwriting Agreement (Itamar Medical 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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Alteon Inc /De), Stock Purchase Agreement (Alteon Inc /De), Stock Purchase Agreement (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 assigns and the controlling persons, officers and directors referred to in Section 65 hereof. Nothing in this Agreement herein is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgent.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo 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 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities Notes from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch 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 assigns and the controlling persons, officers and directors referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Underwritten Units from any of the several UnderwritersUnderwriter.
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 assigns and the controlling persons, officers and directors referred to in Section 68. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several 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 referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities ADSs from any of the several Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Global Market Group LTD), Underwriting Agreement (Duoyuan Global Water Inc.), Duoyuan Global Water 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Matrix Capital Corp /Co/), Purchase Agreement (Linkage Solutions Inc), Purchase Agreement (Jeepers 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Trust Preferred Securities from any of the several Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Glacier Bancorp Inc), Glacier Capital Trust I, Fib Capital 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (Icad Inc), Underwriting Agreement (IZEA Worldwide, Inc.), Underwriting Agreement (IZEA, 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, purchaser of any of the Securities from any of the several Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Magnegas Corp), Purchase Agreement (Magnegas 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, affiliates, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Purchase Agreement (Lions Gate Entertainment Corp /Cn/), Purchase Agreement (Select Comfort 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 other persons referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Inuvo, Inc.), Underwriting Agreement (Inuvo, 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 referred to in Section 68. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares or ADSs from any of the several Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Ossen Innovation Co. Ltd.), Underwriting Agreement (Ossen Innovation 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 assigns and the controlling persons, officers and directors referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as Investor merely because of such purchaser, of any of the Securities from any of the several Underwriterspurchase.
Appears in 2 contracts
Samples: Placement Agency Agreement (First Responder Systems & Technology Inc.), Placement Agency Agreement (First Responder Systems & Technology 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities Notes from any of the several Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Matrix Capital Corp /Co/), Purchase Agreement (GBC Bancorp)
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 referred to in Section 69. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares and Warrants from any of the several UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto Placement Agent, the Company and their respective successors and assigns and the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation corporation, other than the persons, firms or corporations mentioned in the preceding sentence, any legal or equitable remedy or claim under or in respect of this Agreement Agreement, or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 2 contracts
Samples: Placement Agency Agreement (Assembly Biosciences, Inc.), Placement Agency Agreement (CYREN 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 and, with respect to Section 8, the controlling persons, officers and directors referred to in Section 68. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Wave Systems Corp), Underwriting Agreement (Quicklogic Corporation)
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 officers, directors, employees and directors agents referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Cutera Inc), Purchase Agreement (Foxhollow 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 any officers, directors, affiliates and the controlling persons, officers and directors persons referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch 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 assigns and the controlling persons, officers and directors referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Underwritten Units from any of the several UnderwritersUnderwriter.
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 assigns and the controlling persons, officers and directors referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares, the Preferred Shares and the Warrants from any of the several UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.), Underwriting Agreement (Mabvax Therapeutics 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 assigns and the controlling persons, officers officers, employees and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals 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 referred to in Section 68. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares or ADSs from any of the several UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Grand Farm Inc.), Underwriting Agreement (Kingtone Wirelessinfo Solution Holding 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, purchaser of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Purchase Agreement (Vertex Energy Inc.), Warrant Agreement (Magnegas 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Capital Securities from any of the several Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Community First Bankshares Inc), Purchase Agreement (Community First Bankshares 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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.Agents.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Altimmune, Inc.), Independence Contract (Independence Contract Drilling, 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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersDesignated Agent.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Optimer 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 assigns and the controlling persons, officers and directors referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
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 any controlling persons referred to herein, and the controlling personsaffiliates, officers and directors of the Underwriter referred to in Section 65 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities Shares from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch purchase.
Appears in 1 contract
Samples: Master Purchase Agreement (EQT 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 and, to the extent stated therein, the controlling persons, officers officers, employees and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.
Appears in 1 contract
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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
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 referred to in Section 6. Nothing Except as set forth in Section 6(e), nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 1 contract
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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersUnderwriter.
Appears in 1 contract
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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersAgents.
Appears in 1 contract
Samples: Placement Agency Agreement (Crossroads Systems 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares and/or Warrants from any of the several UnderwritersUnderwriter.
Appears in 1 contract
Samples: 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 assigns and the controlling persons, officers officers, directors, employees and directors agents referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (Kyphon 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Underwritten Shares from any of the several UnderwritersUnderwriter.
Appears in 1 contract
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 and, with respect to Section 7, the controlling persons, officers and directors referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersUnderwriter.
Appears in 1 contract
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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from the Agent or any of the several Underwritersits co-agent(s) or other designees.
Appears in 1 contract
Samples: Intest 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities or the Warrant Shares from any of the several UnderwritersUnderwriter.
Appears in 1 contract
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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any either of the several UnderwritersAgents.
Appears in 1 contract
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 65 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch purchase.
Appears in 1 contract
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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein 27 contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters..
Appears in 1 contract
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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgent. 11.
Appears in 1 contract
Samples: Apyx Medical 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 referred to in Section 6. Nothing Other than as provided in Section 3(h), nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Offered Securities from any of the several Underwriters.
Appears in 1 contract
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 referred to in Section 65. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several Underwriters.Agent.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sigilon 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 referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares and Preferred Shares from any of the several UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Mabvax Therapeutics 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 assigns and the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm film or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
Samples: Firstcity 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 and, with respect to Section 6, the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used US.131466268.03 shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “"successors and assigns” " as herein used shall not include any purchaser, as such purchaser, of any of the Capital Securities from any of the several UnderwritersUnderwriter.
Appears in 1 contract
Samples: Purchase Agreement (GBB Capital I)
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 referred to in Section 65(d). Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgent.
Appears in 1 contract
Samples: Equity Distribution Agreement (Aptose Biosciences 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 referred to in Section 65(e). Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Shares from any of the several UnderwritersAgents.
Appears in 1 contract
Samples: Equity Distribution Agreement (Fulgent Genetics, 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as by reason merely of such purchaser, purchase of any of the Securities from any of the several Underwriters.
Appears in 1 contract
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, directors, officers and directors employees referred to in Section 67. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities Preferred Stock from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Investors Real Estate 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 referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several UnderwritersInitial Purchaser.
Appears in 1 contract
Samples: Purchase Agreement (Cinedigm 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 referred to in Section 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities ADSs from any of the several UnderwritersUnderwriter.
Appears in 1 contract
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 66 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation person any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, No purchaser of any of the Securities Depositary Shares from any Underwriter shall be deemed to be a successor merely by reason of the several Underwriterssuch purchase.
Appears in 1 contract
Samples: Southern Union Co
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 and, with respect to Section 6 hereof, the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term “successors and assigns” as herein used shall not include any purchaser, as such purchaser, of any of the Securities from any of the several Underwriters.
Appears in 1 contract
