Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 52 contracts
Samples: Underwriting Agreement (First Horizon Pharmaceutical Corp), Underwriting Agreement (Coolsavings Com Inc), Underwriting Agreement (First Horizon Pharmaceutical Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 9 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 17 contracts
Samples: Underwriting Agreement (Educational Video Conferencing Inc), Underwriting Agreement (Cell Therapeutics Inc), Underwriting Agreement (Frontline Communications Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 6 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 76, and their respective personal representatives, successors and assigns. 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 Stock shares from any of the several Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (Merge Technologies Inc), Underwriting Agreement (Zonagen Inc), Underwriting Agreement (Merge Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Lifeminders Com Inc), Underwriting Agreement (Hub International LTD), Underwriting Agreement (Viryanet LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 8 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 78, and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Trimeris Inc), Underwriting Agreement (Trimeris Inc), Underwriting Agreement (Hub International LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) 17 indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Quotesmith Com Inc), Underwriting Agreement (Quotesmith Com Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Headway Technologies Inc), Underwriting Agreement (Management Network Group Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 purchasersuch, of any of the Stock from any of the several Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Epix Medical Inc), Underwriting Agreement (Arqule Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 4 and Section 7 hereofof this Agreement, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 4 and Section 7, and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Creative Master International Inc), Underwriting Agreement (Intra Asia Entertainment Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company Company, and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Ansoft Corp), Underwriting Agreement (Ansoft Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of 23 24 Section 7 9 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Micro Therapeutics Inc), Underwriting Agreement (Micro Therapeutics Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters Underwriter and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several UnderwritersUnderwriter) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Emisphere Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 8 hereof, the several parties (in addition to the Company Company, and the several Underwriters) indemnified under the provisions of said Section 78, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and Company, the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Horizon Organic Holding Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 11 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 711, and their respective personal representatives, successors and assigns. 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 Stock 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 shall be binding upon the Placement Agents, the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company their respective successors and assigns and the several Underwriters) indemnified under the provisions of said controlling persons, officers and directors and other parties referred to in Section 7, and their respective personal representatives, successors and assigns6 hereof. 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 purchaser of the Stock from any Securities by reason merely of the several Underwriterssuch purchase.
Appears in 1 contract
Samples: Placement Agency Agreement (Scholar Rock Holding Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and Company, the several Underwriters Investment Adviser, each Underwriter and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said such Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (First American Minnesota Municipal Income Fund Ii Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 assignsSUCCESSORS AND ASSIGNS" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters Company, each Underwriter and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said such Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (First American Minnesota Municipal Income Fund Ii Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Emisphere Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 9 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Amylin Pharmaceuticals Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 4 and Section 7 hereofof this Agreement, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 4 and Section 7, and their respective personal representatives, successors and assigns. 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 Stock Securities from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Kani Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified entitled to indemnification or contribution under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock Underwritten 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 the Company Company, the Selling Stockholder and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company Company, the Selling Stockholder and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 purchasersuch, of any of the Stock from any of the several Underwriters.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company -------- (5) Will confirm with E&Y. and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (BMJ Medical Management Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 6 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said such Section 76, and their respective personal representatives, successors and assigns. 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 Stock shares from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Nastech Pharmaceutical Co Inc)
Persons Entitled to Benefit of Agreement. This Agreement agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 6 hereof, the several parties (in addition to the Company --------- and the several Underwriters) indemnified under the provisions of said Section 76, and their respective personal representatives, successors and --------- assigns. 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 Stock Notes from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (System Software Associates Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and shall be binding upon the Placement Agent, the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company their respective successors and assigns and the several Underwriters) indemnified under the provisions of said controlling persons, officers and directors referred to in Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation (including the Investors), 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 purchaser of the Stock from any Units by reason merely of the several Underwriterssuch purchase.
Appears in 1 contract
Samples: Placement Agency Agreement (Augme Technologies, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company Company, and the several Underwriters and, with respect to the provisions of Section 7 6 hereof, the several parties (in addition to the Company Company, and the several Underwriters) indemnified under the provisions of said Section 76, and their respective personal representatives, successors and assigns. 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 Stock 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 the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. 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 Stock from any of the several Underwriters.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 6 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 76, and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Condor Technology Solutions Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company and the several Underwriters) indemnified under the provisions of said Section 7, 7 and their respective personal representatives, successors and assigns. 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 Stock Shares from any of the several Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Geltex Pharmaceuticals Inc)