Common use of Representations and Agreements to Survive Delivery Clause in Contracts

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 70 contracts

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

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Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 57 contracts

Samples: Underwriting Agreement (Nyxoah SA), Underwriting Agreement (Aziyo Biologics, Inc.), Underwriting Agreement (Orthopediatrics Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 34 contracts

Samples: Underwriting Agreement (Aytu Bioscience, Inc), Underwriting Agreement (Checkpoint Therapeutics, Inc.), Underwriting Agreement (Oramed Pharmaceuticals Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 24 contracts

Samples: Underwriting Agreement (Sunshine Heart, Inc.), Underwriting Agreement (Sunshine Heart, Inc.), Underwriting Agreement (GenMark Diagnostics, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the several Underwriters herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements agreement of the Company and the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 24 contracts

Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Liqtech International Inc), Underwriting Agreement (Performant Financial Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 20 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 19 contracts

Samples: Underwriting Agreement (Skylight Health Group Inc.), Underwriting Agreement (Oncolytics Biotech Inc), Underwriting Agreement (DHX Media Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(xi) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 18 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 16 contracts

Samples: Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Underwriting Agreement (Repros Therapeutics Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Underwriter herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements agreement of the several Underwriters Company and the Company Underwriter contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderUnderwriter hereunder and any termination of this Agreement.

Appears in 16 contracts

Samples: Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Underwriting Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Purchase Agreement (Qumu Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and Underwriters, the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 14 contracts

Samples: Purchase Agreement (Motus GI Holdings, Inc.), Underwriting Agreement (Eiger BioPharmaceuticals, Inc.), Purchase Agreement (Motus GI Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company, its directors, the officers of the Company signing the Registration Statement, or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 11 contracts

Samples: Underwriting Agreement (Hoth Therapeutics, Inc.), Underwriting Agreement (Eastside Distilling, Inc.), Underwriting Agreement (New Age Beverages Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 11 contracts

Samples: Underwriting Agreement (Superior Drilling Products, Inc.), Underwriting Agreement (Superior Drilling Products, Inc.), Underwriting Agreement (Superior Drilling Products, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 10 contracts

Samples: Underwriting Agreement (Viggle Inc.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 10 contracts

Samples: Underwriting Agreement (AmpliPhi Biosciences Corp), Underwriting Agreement (AmpliPhi Biosciences Corp), Underwriting Agreement (Neuralstem, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Glu Mobile Inc), Underwriting Agreement (KIT Digital, Inc.), Underwriting Agreement (Game Trading Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii6(a)(vii) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Nanosphere Inc), Underwriting Agreement (Rockwell Medical, Inc.), Underwriting Agreement (You on Demand Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the several Underwriters herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements agreement of the Company and the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the several Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 8 contracts

Samples: Underwriting Agreement (DiaMedica Therapeutics Inc.), Underwriting Agreement (Akoustis Technologies, Inc.), Underwriting Agreement (HyreCar Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 8 contracts

Samples: Purchase Agreement (Marchex Inc), Purchase Agreement (Marchex Inc), Purchase Agreement (Hoku Scientific Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 8 contracts

Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 7 contracts

Samples: Underwriting Agreement (Dare Bioscience, Inc.), Underwriting Agreement (iBio, Inc.), Underwriting Agreement (iBio, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 6 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Viggle Inc.), Underwriting Agreement (Medgenics, Inc.), Underwriting Agreement (Brainsway Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directorstrustees, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of, of and payment for, for the Shares to and by the Underwriters Securities hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Gables Realty Limited Partnership), Underwriting Agreement (Gables Realty Limited Partnership), Underwriting Agreement (Gables Realty Limited Partnership)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the indemnity and contribution agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares Bonds to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Document Security Systems Inc), Underwriting Agreement (Document Security Systems Inc), Underwriting Agreement (Document Security Systems Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (SenesTech, Inc.), Underwriting Agreement (Biocept Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) 3.5.1 and Section 7 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Public Securities to and by the Underwriters hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (BioLineRx Ltd.), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Underwriting Agreement (BioLineRx Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company, its directors, the officers of the Company signing the Registration Statement, or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Loop Industries, Inc.), Underwriting Agreement (Reed's, Inc.), Underwriting Agreement (Reed's, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(xi) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (Bionano Genomics, Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Shareholders contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any Selling Shareholders or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Purchase Agreement (Seamed Corp), Purchase Agreement (Commtouch Software LTD), Purchase Agreement (Commtouch Software LTD)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Underwriter contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) 5, Section 7, Section 8, Section 9 and Section 7 Sections 11 through 18 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Mobiquity Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Inpixon), Underwriting Agreement (Inpixon), Underwriting Agreement (Inpixon)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Sharps Compliance Corp), Underwriting Agreement (Opgen Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii6(a)(x) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Offered Securities to and by the Underwriters hereunder.

Appears in 3 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(xi) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Better Therapeutics, Inc.), Underwriting Agreement (Synlogic, Inc.), Underwriting Agreement (Synlogic, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Selling Stockholder herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriter, the Company and the Company Selling Stockholder contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company and the Selling Stockholder or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderUnderwriter hereunder and any termination of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Bridgepoint Education Inc), Underwriting Agreement (Bridgepoint Education Inc), Underwriting Agreement (Pfenex Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Telestone Technologies Corp), Underwriting Agreement (Telestone Technologies Corp), Underwriting Agreement (Telestone Technologies Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(h) and Section Sections 7 through 18 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the several Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (zSpace, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements contained in Section 4A hereto and the indemnity and contribution agreements contained in Section 6 hereto of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereofUnderwriters, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any of its directors, officers, agents or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares Bonds to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (UniTek Global Services, Inc.), Underwriting Agreement (UniTek Global Services, Inc.), Underwriting Agreement (UniTek Global Services, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(ix) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Underwritten Shares to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (RMG Networks Holding Corp), Underwriting Agreement (RMG Networks Holding Corp), Underwriting Agreement (Tg Therapeutics, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Stockholders contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any Selling Stockholders or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Purchase Agreement (Continuus Software Corp /Ca), Underwriting Agreement (Microfinancial Inc), Purchase Agreement (Firstcity Financial Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii6(h) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Units to and by the Underwriters hereunder.

Appears in 3 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Massimo Group), Underwriting Agreement (Massimo Group), Underwriting Agreement (Massimo Group)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(b)(iv) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 3 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters Underwriter hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Catabasis Pharmaceuticals Inc), Underwriting Agreement (Altimmune, Inc.), Underwriting Agreement (Catabasis Pharmaceuticals Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person persons thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares, the Preferred Shares and the Warrants to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.), Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Selling Stockholders contained herein or in certificates delivered pursuant hereto, hereto including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(i) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Shares, the Pre-Funded Warrants and the Warrants to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(g) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Ocean Power Technologies, Inc.), Underwriting Agreement (Ocean Power Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Stockholders contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any Selling Stockholder or any controlling person thereof and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Jeepers Inc), Purchase Agreement (Jeepers Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Sow Good Inc.), Underwriting Agreement (Lovesac Co)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Giga Tronics Inc), Underwriting Agreement (Giga Tronics Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Crown Electrokinetics Corp.), Underwriting Agreement (Crown Electrokinetics Corp.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Underwriters contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) 5, Section 7, Section 8 and Section 7 Sections 11 through 21 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Verdant Earth Technologies LTD), Underwriting Agreement (Verdant Earth Technologies LTD)

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Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person person(s) thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Pioneer Power Solutions, Inc.), Underwriting Agreement (Pioneer Power Solutions, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii), Section 5(b), Section 5(c) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained in Sections 7 and 11 herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereofperson, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Southern California Water Co), Underwriting Agreement (American Medical Providers Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and Underwriters, the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Purchase Agreement (OncoCyte Corp), Purchase Agreement (OncoCyte Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(g) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Ecotality, Inc.), Underwriting Agreement (Ecotality, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, hereto including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(j) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (HighPeak Energy, Inc.), Underwriting Agreement (HighPeak Energy, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii), Section 5(a)(xviii), Section 5(a)(xix) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (ASP Isotopes Inc.), Underwriting Agreement (ASP Isotopes Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(g) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Ocean Power Technologies, Inc.), Underwriting Agreement (Ocean Power Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Units to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii), Section 5(b), Section 5(c) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 2 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or Company, any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Guerrilla RF, Inc.), Underwriting Agreement (NFT Gaming Co Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any of its controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunderUnderwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Verb Technology Company, Inc.), Underwriting Agreement (Verb Technology Company, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Stockholder contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or the Selling Stockholder or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Internet Com Corp), Purchase Agreement (Internet Com Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the several Underwriters herein or in certificates delivered pursuant hereto, includingor made by or on behalf of them, including but not limited to, to the agreements agreement of the several Underwriters Company and the Company Representative contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of Company, its officers, directors, or controlling personsthe officers of the Company signing the Registration Statement, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Amtech Systems Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) ), Section 5(a)(xviii), and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Trio Petroleum Corp.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements contained in Section 4A hereto and the indemnity and contribution agreements contained in Section 6 hereto of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereofUnderwriters, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any of its directors, officers, agents or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Scana Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person persons thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and Preferred Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any termination of this Agreement, any investigation made by or on behalf of the several Underwriters any Underwriter or any person controlling person thereofany Underwriter, or the Company or any of its officers, directors, directors or any person controlling personsthe Company, and shall survive delivery of, and payment for, of the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Parker Hannifin Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Selling Stockholder herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Selling Stockholder contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or the Selling Stockholder, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Promedco Management Co)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Subsidiary herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriters, the Company and the Company Subsidiary contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company Company, the Subsidiary or any of its their officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Habit Restaurants, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the several Underwriters herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements agreement of the Company and the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.hereunder and any termination of this Agreement. ​

Appears in 1 contract

Samples: Underwriting Agreement (Full House Resorts Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii6(a)(vii) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Clean Diesel Technologies Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Tonix Pharmaceuticals Holding Corp.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Iridex Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its their officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Closing Securities and the Underwriter Warrants to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person persons thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained or Selling Stockholders herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and the Company and Selling Stockholders contained in Section 5(a)(viii) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Crexendo, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereofUnderwriters, or the Company or any of its their officers, directors, directors or controlling personspersons referred to in Section 7, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (A-Mark Precious Metals, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Units to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Game Trading Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii5(a)(x) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Catabasis Pharmaceuticals Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters Underwriter and the Company contained in Section 5(a)(viii6(a)(viii) and Section 7 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters Underwriter hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Chisen Electric Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (China-Biotics, Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares and the Warrants comprising the Underwritten Units to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Frankly Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the several Underwriters herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements agreement of the Company and the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Offered Securities to and by the Underwriters hereunderhereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Biolase, Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Selling Stockholders herein or in certificates delivered pursuant hereto, including, but not limited to, and the agreements of the several Underwriters Underwriter, the Company and the Company Selling Stockholders contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters Underwriter or any controlling person thereof, or the Company and the Selling Stockholders or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunderUnderwriter hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Agilysys Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 7 3 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Centrus Energy Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 5(a)(viii5(a)(vii) and Section 5(b) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters any Underwriter or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (GigOptix, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained and the Underwriters herein or in certificates delivered pursuant hereto, including, including but not limited to, to the agreements of the several Underwriters and the Company contained in Section 5(a)(viii) and Section 7 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Underwriters hereunder.

Appears in 1 contract

Samples: Purchase Agreement (G Iii Apparel Group LTD /De/)

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