Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunder.
Appears in 13 contracts
Samples: Underwriting Agreement (TEKMIRA PHARMACEUTICALS Corp), Purchase Agreement (Nanosphere Inc), Underwriting Agreement (Novadaq Technologies Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and several Underwriters, the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 13 contracts
Samples: Purchase Agreement (Neuronetics, Inc.), Underwriting Agreement (Mackinac Financial Corp /Mi/), Purchase Agreement (Zosano Pharma Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company Underwriters contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or the Partnership or any of its their officers, directors, or any controlling persons, or any controlling person thereof, and shall survive (i) termination of this Agreement and (ii) delivery of, of and payment for, for the Securities to and by the Underwriter Shares hereunder.
Appears in 13 contracts
Samples: Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Underwriter Representative and the Company contained in Section 6 5(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 Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 11 contracts
Samples: Underwriting Agreement (ECOLOMONDO Corp INC.), Underwriting Agreement (Medovex Corp.), Underwriting Agreement (Medovex Corp.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 9 contracts
Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Underwriter and the Company contained in Section 6 5(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 Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 9 contracts
Samples: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Lpath, Inc), Underwriting Agreement (Imax Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person persons thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriter Underwriters hereunder.
Appears in 9 contracts
Samples: Purchase Agreement (Aveo Pharmaceuticals Inc), Underwriting Agreement (Inovio Pharmaceuticals, Inc.), Purchase Agreement (Aveo Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person persons thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriter Underwriters hereunder.
Appears in 8 contracts
Samples: Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Acelrx Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunder.
Appears in 8 contracts
Samples: Underwriting Agreement (Aqua Metals, Inc.), Underwriting Agreement (Surgalign Holdings, Inc.), Underwriting Agreement (Cinedigm Digital Cinema Corp.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunderSecurities.
Appears in 8 contracts
Samples: Underwriting Agreement (Piedmont Natural Gas Co Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter contained in Section 4A hereto and the Company indemnity and contribution agreements contained in Section 6 hereofhereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any of its directors, officers, agents, affiliates or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereof, persons and shall survive delivery of, and payment for, of the Securities Bonds to and by the Underwriter Underwriters hereunder.
Appears in 6 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 herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunderhereunder and any termination of this Agreement.
Appears in 6 contracts
Samples: Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (ENDRA Life Sciences Inc.), Purchase Agreement (Liqtech International Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters, and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 5 contracts
Samples: Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Mast Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreements agreement of the Underwriter Company and the Company Underwriters contained in Section 6 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement, Underwriting Agreement (AMERI Holdings, Inc.), Underwriting Agreement (AMERI Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Underwriter and the Company contained in Section 6 6(a)(vii) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Grand Farm Inc.), Underwriting Agreement (Emerald Acquisition CORP), Underwriting Agreement (Kingtone Wirelessinfo Solution Holding LTD)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants of the Company REIT and the Operating Partnership herein or in certificates delivered pursuant hereto, including but not limited to hereto and the agreements of the Underwriter and the Company contained Underwriters in Section 6 hereof, 8 herein shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company REIT or the Operating Partnership or any of its officers, directors, or controlling personstrustees, or any controlling person thereofpersons, and shall survive (i) termination of this Agreement and (ii) delivery of, of and payment for, for the Securities to and by the Underwriter Shares hereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Amb Property Lp), Underwriting Agreement (Amb Property Corp), Underwriting Agreement (Amb Property Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters, and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities Shares to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (BioPharmX Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery ofof and payment for the Securities, and payment forWarrants, the Securities to and by the Underwriter hereunderif any.
Appears in 4 contracts
Samples: Underwriting Agreement (Associates Corporation of North America), Underwriting Agreement (Associates Corporation of North America), Underwriting Agreement (Associates First Capital Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Oncolytics Biotech Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, directors or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and Underwriter, the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunder.
Appears in 4 contracts
Samples: Purchase Agreement (Vertex Energy Inc.), Purchase Agreement (EnteroMedics Inc), Purchase Agreement (EnteroMedics Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and several Underwriters, the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreements of the Underwriter Underwriters and the Company contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Shares hereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Aspen Group, Inc.), Underwriting Agreement (Revolution Lighting Technologies, Inc.), Underwriting Agreement (Revolution Lighting Technologies, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company or its officers set forth herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling control person thereof, or the Company or any of its officers, directors, directors or controlling control persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunderhereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Cutera Inc), Purchase Agreement (S&W Seed Co), Purchase Agreement (Endologix Inc /De/)
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 the agreements of the Underwriter and the Company Underwriters' agreements contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter Underwriters or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Eastgroup Properties Inc), Underwriting Agreement (Cousins Properties Inc), Underwriting Agreement (Eastgroup Properties Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities ADSs to and by the Underwriter Underwriters hereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG)
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 Underwriter several Underwriters and the Company contained in Section 6 Sections 7 and 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (MultiSensor AI Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter Underwriter, and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderhereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 3 contracts
Samples: Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Public Securities to and by the Underwriter Underwriters hereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Belite Bio, Inc), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Baudax Bio, Inc.), Purchase Agreement (Repro Med Systems Inc), Underwriting Agreement (Baudax Bio, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and several Underwriters, the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 3 contracts
Samples: Purchase Agreement (Novavax Inc), Purchase Agreement (Integramed America Inc), Purchase Agreement (Integramed America Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Sunshine Heart, Inc.), Purchase Agreement (Trans1 Inc), Purchase Agreement (Wonder Auto Technology, 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 Underwriter several Underwriters and the Company contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants, of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter Shares hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Bay Apartment Communities Inc), Underwriting Agreement (Bay Apartment Communities 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 Underwriter Underwriters and the Company contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its their respective officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (MoSys, Inc.), Underwriting Agreement (MoSys, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling personstrustees, or any controlling person thereofpersons, and shall survive (i) termination of this Agreement and (ii) delivery of, of and payment for, for the Securities to and by the Underwriter Shares hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Camden Property Trust), Underwriting Agreement (Gables Residential Trust)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, and payment for, the Securities Notes to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Commercial Federal Corp), Purchase Agreement (Commercial Federal 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 Underwriter and the Company contained in Section 6 5(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 Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Oragenics Inc), Underwriting Agreement (Mohawk Group Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements of the Company herein warranties by any party hereto or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Iggys House, Inc.), Underwriting Agreement (Iggys House, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements agreement of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Connexa Sports Technologies Inc.), Underwriting Agreement (Duos Technologies Group, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities Shares to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.), Purchase Agreement (Aravive, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunderSecurities.
Appears in 2 contracts
Samples: Underwriting Agreement (Ameriprise Financial Inc), Underwriting Agreement (American Express Credit Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Hansen Medical Inc), Purchase Agreement (Dexcom 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 Underwriter several Underwriters and the Company contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Vivos Therapeutics, Inc.), Underwriting Agreement (Vivos 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 including, but not limited to to, the agreements of the Underwriter several Underwriters and the Company contained in Section 6 7 and Section 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Rimini Street, Inc.), Underwriting Agreement (EGAIN Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company contained in Section 6 hereofUnderwriters herein, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter Underwriters or any controlling person thereof, or the Company or any of its officers, directors, directors or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Top Image Systems LTD), Underwriting Agreement (TearLab 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 Underwriter Underwriters and the Company contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (Quicklogic Corporation)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and agreements covenants of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive (i) termination of this Agreement and (ii) delivery of, of and payment for, for the Securities to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Avalon Properties Inc), Underwriting Agreement (Avalon Properties 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 Underwriter several Underwriters and the Company contained in Section 6 9 and Section 11 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (TFF Pharmaceuticals, Inc.), Underwriting Agreement (Rimini Street, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunderhereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Research Frontiers Inc), Purchase Agreement (Research Frontiers Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Optimer Pharmaceuticals Inc), Purchase Agreement (Bio Vascular Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreements agreement of the Underwriter Company and the Company Underwriter contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter hereunderhereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Immucell Corp /De/), Underwriting Agreement (Immucell Corp /De/)
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 Underwriter and the Company contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Wave Systems Corp), Underwriting Agreement (Quicklogic Corporation)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, directors or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Progenity, Inc.), Purchase Agreement (Progenity, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements agreement of the Underwriter and the Company contained in Section 6 hereof, and the agreements of the Underwriter, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Netlist Inc), Purchase Agreement (Netlist Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company contained in Section 6 hereofherein, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (TearLab Corp), Purchase Agreement (TearLab Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreements of the Underwriter and the Company contained in Section 6 5(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 Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Torchlight Energy Resources Inc), Underwriting Agreement (Torchlight Energy Resources Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Uroplasty Inc), Underwriting Agreement (Uroplasty 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 Underwriter and the Company contained in Section 6 4 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Inuvo, Inc.), Underwriting Agreement (Inuvo, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and several Underwriters, the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the such Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Bacterin International Holdings, Inc.), Purchase Agreement (Uni-Pixel)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and several Underwriters, the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities Shares to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (CONTRAFECT Corp), Purchase Agreement
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 Underwriter and the Company contained in Section 6 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities ADSs to and by the Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreements of the Underwriter Underwriters and the Company contained in Section 6 5(i) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Shares hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (PowerFleet, Inc.), Underwriting Agreement (Aspen Group, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company several Underwriters contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery ofof and payment for the Securities, and payment forthe Warrants, the Securities to and by the Underwriter hereunderif any.
Appears in 2 contracts
Samples: Underwriting Agreement (Associates First Capital Corp), Underwriting Agreement (Associates First Capital Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter contained in Section 4A hereto and the Company indemnity and contribution agreements contained in Section 6 hereofhereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any of its directors, officers, affiliates, agents or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereof, persons and shall survive delivery of, and payment for, of the Securities Shares to and by the Underwriter 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 including, but not limited to to, the agreements of the Underwriter and the Company contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company contained in Section 6 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, Evercore or any controlling person thereof, and shall survive delivery of, and payment for, the Securities Shares to and by the Underwriter Evercore hereunder.
Appears in 1 contract
Samples: Equity Distribution Agreement (Ion Geophysical Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter Placement Agents and the Company contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter Placement Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderShares.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities ADSs to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Edap TMS Sa)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company Underwriter’s agreements contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunder.
Appears in 1 contract
Samples: 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 including, but not limited to to, the agreements of the Underwriter Underwriters and the Company contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter Representative on behalf of the 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Uni-Pixel)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Investment Adviser herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Underwriter and the Company Manager contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter Manager or any controlling person thereofpersons, or the Company or the Investment Adviser (or any of its their officers, directors, directors or controlling persons, or any controlling person thereof), and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunderShares.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, persons and shall survive delivery of, and payment for, the Securities to and distribution of the Shares by the Underwriter Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Underwriter and Underwriters, the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities Offered ADSs to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Controlling Person herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters, the Company and the Company Controlling Person contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, directors or controlling persons, or any controlling person thereof, the Controlling Person and shall survive delivery of, and payment for, the Securities ADSs and the Shares they represent to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderseveral Underwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any of their respective controlling person thereofpersons, and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunder.
Appears in 1 contract
Samples: Purchase Agreement (Magnegas Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter contained in Section 4A hereto and the Company indemnity and contribution agreements contained in Section 6 hereofhereto of the several Underwriters, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereof, persons and shall survive delivery of, and payment for, of the Securities Bonds to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (South Carolina Electric & Gas Co)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter and the Company several Underwriters contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunderSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Piedmont Natural Gas Co Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities ADSs to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Edap TMS Sa)
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 Underwriter several Underwriters and the Company contained in Section 6 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company Underwriter's agreements contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company Underwriter's agreements contained in Section SECTION 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, directors and shall survive delivery of, and payment for, the Securities to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (China SLP Filtration Technology, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons or any controlling person thereof, and shall survive delivery of, and payment for, the Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (TCP International Holdings Ltd.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter Company and the Company Purchaser contained in Section 6 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter or any controlling person thereofPurchaser Group, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter Bonds hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Underwriter several Underwriters and the Company contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons or any of their respective controlling person thereofpersons, and shall survive delivery of, and payment for, the Securities to and by the Underwriter Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Underwriter and the Company Underwriters'agreements contained in Section 6 0 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter Underwriters or any controlling person thereofpersons, or the Company or any of its officers, directors, or controlling persons, directors or any controlling person thereofpersons, and shall survive delivery of, of and payment for, for the Securities to and by the Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreements agreement of the Underwriter Company and the Company several Underwriters contained in Section 6 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Underwriter 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 Securities to and by the Underwriter hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Celcuity Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreements agreement of the Underwriter and the Company contained in Section 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities to and by the Underwriter hereunderhereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Underwriter and the Company contained in Section 6 6(a)(vi) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter 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 Securities Shares to and by the Underwriter hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (China Advanced Construction Materials Group, Inc)