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 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 (Atmos Energy Corp), 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 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.), Underwriting Agreement (Pearl Diver Credit Co Inc.), Underwriting Agreement (Trinity 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 the officers and directors and any controlling persons referred to in Section 8 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: Underwriting Agreement (Benchmark 2023-B40 Mortgage Trust), Underwriting Agreement (Benchmark 2021-B28 Mortgage Trust), Underwriting 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 8 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 (Reed's, Inc.), Underwriting Agreement (Rada Electronic Industries 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 8 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 8 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 the officers and directors and any controlling persons referred to herein, and the affiliates of each party referred to in Section 8 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: Underwriting Agreement (Horizon Space Acquisition I Corp.), Underwriting Agreement (Horizon Space Acquisition I Corp.), Underwriting 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 8 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 8 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 (PROTONIQ Acquisition Corp), Underwriting Agreement (Constitution Acquisition Corp.), Underwriting Agreement (Arena Fortify 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 hereto, and their respective successors and to the officers and directors and any controlling persons benefit of the indemnified parties referred to in Section 8 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: Euro Purchase Agreement (Netflix Inc), Dollar Purchase Agreement (Netflix Inc), Purchase Agreement (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 8 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: Underwriting Agreement (Kennametal Inc), Underwriting Agreement (Kennametal Inc), Underwriting Agreement (SVB Financial Group)
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 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 shall be deemed to be a successor merely by reason of such purchase.
Appears in 16 contracts
Samples: Underwriting Agreement (British American Tobacco p.l.c.), Underwriting Agreement (British American Tobacco p.l.c.), Underwriting Agreement (British American Tobacco p.l.c.)
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 8 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 (Palatin 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 8 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 8 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.), Underwriting Agreement (Seres Therapeutics, Inc.), Underwriting Agreement (Seres 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 the officers and directors and any controlling persons referred to in Section 8 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 8 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 officers and directors and any controlling persons referred to in Section 8 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 8 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 (Sterling Construction Co Inc), Underwriting Agreement (Glacier 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 the officers officers, trustees and directors and any controlling persons referred to in Section 8 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), Underwriting Agreement (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 affiliates, employees, officers and directors and any controlling persons referred to in Section 8 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: Underwriting Agreement (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 the successors, officers and directors and any controlling persons referred to in Section 8 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.), 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 and any controlling persons referred to in Section 8 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 officers, directors, partners, selling agents and any controlling persons referred to in Section 8 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 (Synovus Financial Corp), Underwriting Agreement (Southern National Bancorp of Virginia Inc), Underwriting Agreement (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 8 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 the officers and directors directors, affiliates and any controlling persons referred to in Section 8 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 the officers and directors and any controlling persons referred to in Section 8 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 (Zai Lab LTD), Underwriting Agreement (Amarin Corp Plc\uk)
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 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), Underwriting Agreement (Kansas City Southern), Underwriting Agreement (Kansas City Southern)
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 8 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: Underwriting Agreement (Qiwi), Underwriting Agreement (Qiwi), Underwriting Agreement (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 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 (Xunlei LTD), Underwriting Agreement (Pixelplus Co., Ltd.), Underwriting Agreement (NetQin Mobile 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 8 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 and, in the officers and directors and any controlling persons referred to in case of Section 8 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 the officers and directors and any controlling persons referred to in Section 8 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 (M I Homes Inc), Underwriting Agreement (Fidelity National Financial, Inc.), Underwriting Agreement (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 8 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: Underwriting Agreement, Underwriting Agreement (Grupo Aval Acciones Y Valores S.A.), Underwriting Agreement (Cencosud 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 and any controlling persons referred to in Section 8 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: Placement Agent Agreement (Guided Therapeutics Inc), Placement Agent Agreement (Guided Therapeutics Inc), Placement Agent Agreement (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 the officers and directors and any controlling persons referred to in Section 8 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 (Alaska Communications Systems Group Inc), Underwriting Agreement (Encore Acquisition Co), Underwriting Agreement (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 and any controlling persons referred to in Section 8 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 the officers and directors directors, affiliates and any controlling persons referred to in Section 8 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: Underwriting Agreement (Planet Fitness, Inc.), Underwriting Agreement (Planet Fitness, Inc.), Underwriting Agreement (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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 (Opgen 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 8 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 3 contracts
Samples: Underwriting Agreement (Sterling Construction Co Inc), Underwriting Agreement (Sterling Construction Co 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 8 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: Underwriting Agreement (Sutherland Asset Management Corp), Underwriting Agreement (WHITEWAVE FOODS Co), Underwriting Agreement (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 the officers and directors and any controlling persons referred to in Section 8 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 8 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.), Underwriting Agreement (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 8 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: Underwriting Agreement (Fidelity National Financial, Inc.), Underwriting Agreement (Fidelity National Financial, Inc.), Underwriting Agreement (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 8 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: Underwriting Agreement (South Jersey Industries Inc), Underwriting Agreement (South Jersey Industries Inc), Underwriting Agreement (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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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: Underwriting Agreement (HighPeak Energy, Inc.), Underwriting Agreement (HighPeak Energy, Inc.), Underwriting Agreement (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 the officers and directors and any controlling persons referred to in Section 8 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: Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Central European Distribution Corp), Underwriting Agreement (Affymetrix 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 8 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.), Underwriting Agreement (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 8 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 the officers and directors and any controlling control persons referred to in Section 8 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: Agency Agreement (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 8 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: Underwriting Agreement (Regency Centers Corp), Underwriting Agreement (Synovus Financial Corp), Underwriting Agreement (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 assigns and their controlling persons, officers and directors and any controlling persons referred to in Section 8 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 (Atossa Genetics Inc), Placement Agent Agreement (Mines Management Inc), Placement Agent Agreement (Tonix Pharmaceuticals Holding 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 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: Purchase Agreement (Sixth Street Lending Partners), Purchase Agreement (Sixth Street Lending Partners), Purchase Agreement (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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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), Underwriting Agreement (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 the officers and directors and any controlling persons and the affiliates of each Underwriter referred to in Section 8 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: Underwriting Agreement (Costar Group, Inc.), Underwriting Agreement (Costar Group, Inc.), Underwriting Agreement (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 8 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.), Co 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 the officers and directors and any controlling persons referred to in Section 8 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 the Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Ctrip Com International LTD), Purchase Agreement (Ctrip Com 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 8 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: Underwriting Agreement (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 the officers and directors and any controlling persons referred to in Section 8 7 hereof. Nothing Except for the rights of the Indemnified Persons, 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 (Central European Distribution Corp), Underwriting Agreement (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 herein, and the affiliates of each party referred to in Section 8 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.), Underwriting Agreement (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 and the officers and directors and any controlling persons referred to in Section 8 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 and any controlling persons referred to in Section 8 hereofsuccessors. 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 Nothing in this Agreement is intended or shall be deemed construed to be a successor merely by reason give the Participating Stockholder any legal or equitable right, remedy or claim under or in respect of such purchasethe Underwriting Agreement or any provision contained therein.
Appears in 2 contracts
Samples: Subscription Agreement (Cbeyond Communications Inc), Subscription Agreement (Cbeyond Communications 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 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 Stock from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Silvergate Capital Corp), Underwriting Agreement (Silvergate Capital 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 8 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 2 contracts
Samples: Purchase Agreement (Marcus Corp), Purchase Agreement (CSG Systems 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 officers, directors, affiliates, employees, partners, agents and any controlling persons referred to in Section 8 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 (FNB Corp/Pa/), Underwriting Agreement (FNB Corp/Pa/)
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 8 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: Guarantee Agreement (Morgan Stanley), Guarantee Agreement (Viatel Holding Bermuda 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 8 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 Placement Shares from any Underwriter Cowen shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Sales Agreement (Merrimack Pharmaceuticals Inc), Sales Agreement (Merrimack 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 the officers and directors and any controlling persons referred to in Section 8 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 the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 ADSs from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Underwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare 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 shall additionally inure to the benefit of the officers and directors and any controlling persons referred to in Section 8 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 subsequent 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 (Nymex Holdings Inc), Underwriting Agreement (Nymex 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 8 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 assigns and the controlling persons, officers and directors and any controlling persons referred to in Section 8 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 purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Palatin 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 8 Article VII 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 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, partners, selling agents and any controlling persons referred to in Section 8 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 2 contracts
Samples: Underwriting Agreement (Synovus Financial Corp), Underwriting Agreement (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, with respect to Section 7, the officers and directors and any controlling persons referred to in Section 8 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 and, in the officers and directors and any controlling persons referred to in case of Section 8 7 hereof, 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 2 contracts
Samples: Underwriting Agreement (Fortune Brands Home & Security, Inc.), Underwriting Agreement (Fortune Brands Home & Security, 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 8 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 affiliates, employees, officers and directors and any controlling persons referred to in Section 8 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 2 contracts
Samples: 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 the officers and directors directors, affiliates and any controlling persons referred to in Section 8 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 (Planet Fitness, Inc.), Underwriting Agreement (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 the controlling persons, officers and directors and any controlling persons referred to in Section 8 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.)
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 8 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 8 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 the officers and directors and any controlling persons referred to in Section 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 Initial Purchaser shall be deemed to be a successor merely by reason of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Owl Rock Capital Corp II), Purchase Agreement (Verigy 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 herein, and the affiliates of each Placement Agent referred to in Section 8 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 2 contracts
Samples: Placement Agent Agreement (Sangamo Therapeutics, Inc), Placement Agency Agreement (Presto Automation 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 8 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 8 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.), Placement Agent Agreement (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 8 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 officers, members and directors and any controlling persons referred to in Section 8 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 2 contracts
Samples: Underwriting Agreement (Exco Resources Inc), Underwriting Agreement (Exco 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 and any controlling persons referred to in Section 8 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: Underwriting Agreement (Alteon Inc /De), Underwriting 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 and any controlling persons referred to in Section 8 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 purchasean Underwriter.
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 the officers officers, directors, employees, affiliates, agents and directors and any controlling persons referred to in Section 8 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 hereinherein or therein. No purchaser of Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasetransfer.
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 8 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 Shares from any Underwriter shall be deemed to be a successor merely by reason of such purchasethe Shares.
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 the officers and directors and any controlling persons referred to in Section 8 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 the Shares from any Underwriter shall be deemed to be a successor merely by reason of such 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 the officers and directors and any controlling persons referred to in Section 8 9 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 the Underwriter shall be deemed to be a successor or beneficiary merely by reason of such purchase.
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Samples: Underwriting Agreement (Medical Properties Trust Inc)
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 the officers and directors and any controlling persons referred to in Section 8 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.
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