Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Representative and the Company contained in Section 8 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 any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personspersons thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 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 any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities.
Appears in 8 contracts
Samples: Underwriting Agreement (Piedmont Natural Gas Co Inc), Underwriting Agreement (Travelers Group Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares 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, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personspersons thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof4A hereto and the indemnity and contribution agreements contained in Section 6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any of its directors, officers, agents, affiliates or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Bonds to the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 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 any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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, agreements and covenants of the Company REIT and the Operating Partnership herein or in certificates delivered pursuant hereto, hereto and the agreements of the Underwriters contained in Section 8 hereof, herein shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company REIT or the Operating Partnership or any of their its officers, directorstrustees, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the 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 and covenants of the Company and the Partnership Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the agreements of the Underwriters contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities, and Warrants, if any.
Appears in 4 contracts
Samples: Underwriting Agreement (Associates First Capital Corp), Underwriting Agreement (Associates Corporation of North America), Underwriting Agreement (Associates Corporation of North America)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the 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, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares 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, warranties and agreements and covenants of the Company and the Partnership or its officers set forth herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personscontrol person thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling control persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of the Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the 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, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 Sections 7 and 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Public Securities to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter, and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares ADSs to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriters' agreements of the Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of the Underwriters and the Company contained in Section 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 any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the 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, agreements representations and covenants of the Company and the Partnership herein warranties by any party hereto or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares 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 and covenants of the Company and the Partnership Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the agreements of the Underwriters Underwriter contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 7 and Section 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Rimini Street, Inc.), Underwriting Agreement (EGAIN Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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 covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directorstrustees, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Gables Residential Trust), Underwriting Agreement (Camden Property Trust)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Notes to and by the 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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 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 any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Samples: Purchase Agreement (Progenity, Inc.), Purchase Agreement (Progenity, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any such Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities, and the Warrants, if 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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the several Underwriters and the agreements of the Underwriters Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 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 any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, person thereof or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereofUnderwriter herein, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 Underwriter hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (TearLab Corp), Purchase Agreement (TearLab Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants of the Company REIT and the Operating Partnership herein or in certificates delivered pursuant hereto, hereto and the agreements of the Underwriters contained in Section 8 hereof, herein shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company REIT or the Operating Partnership or any of their its officers, directorstrustees, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Amb Property Lp), Underwriting Agreement (Amb Property Lp)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereofherein, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors 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 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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 4 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the 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, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 9 and Section 11 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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 and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Samples: Purchase Agreement (CONTRAFECT Corp), Purchase Agreement
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters and the Company contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their respective officers, directors, 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 hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (MoSys, Inc.), Underwriting Agreement (MoSys, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company contained in Section 6 hereof, and the agreements of the Underwriters contained in Section 8 hereofUnderwriter, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares 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 and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 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, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof4A hereto and the indemnity and contribution agreements contained in Section 6 hereto of the several Underwriters, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Bonds to the Underwriters hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (South Carolina Electric & Gas Co)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their respective officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Samples: Underwriting Agreement (Pfenex Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the ADSs to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Samples: Purchase Agreement (Edap TMS Sa)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Representative on behalf of the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Uni-Pixel)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriter's agreements of the Underwriters contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Cornerstone Realty Income Trust Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 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 any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or Company, any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunderand the Representative Warrants.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants covenants, of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.its
Appears in 1 contract
Samples: Underwriting Agreement (Bay Apartment Communities Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriter's agreements of the Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership Controlling Person herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters several Underwriters, the Company and the Controlling Person contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, the Controlling Person and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the ADSs and the Shares they represent to and by the Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares ADSs to and by the Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Placement Agent and the Company contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Placement Agent or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunderUnits.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Piedmont Natural Gas Co Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters and the Company contained in Section 8 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 any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof4A hereto and the indemnity and contribution agreements contained in Section 6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any of its directors, officers, affiliates, agents or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares to the Underwriters hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Scana Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons or any of their respective controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Company contained in Section 8 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter Evercore or any controlling persons, or the Company or the Partnership or any of their officers, directors, or any controlling personsperson thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by Evercore hereunder.
Appears in 1 contract
Samples: Equity Distribution Agreement (Ion Geophysical Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Samples: Purchase Agreement (Therasense Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 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 any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, 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 Underwriter hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (China Advanced Construction Materials Group, Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants covenants, of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Bay Apartment Communities Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Company and the Purchaser contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsPurchaser Group, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Bonds hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriter’s agreements of the Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 1 contract
Samples: Underwriting Agreement
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Samples: Purchase Agreement (Asthmatx Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the ADSs to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Samples: Underwriting Agreement (Edap TMS Sa)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Samples: Underwriting Agreement (TCP International Holdings Ltd.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares and Warrants to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Placement Agents and the Company contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Placement Agents or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunderShares.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Placement Agent and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Placement Agent or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunderShares.
Appears in 1 contract
Samples: Placement Agency Agreement (Immtech Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership Principal Shareholders herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters several Underwriters, the Principal Shareholders and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder. 8.
Appears in 1 contract
Samples: Purchase Agreement (Advantage Learning Systems Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants contained in this Agreement or contained in certificates of officers of the Company and the Partnership herein or in certificates delivered submitted pursuant hereto, and the indemnity agreements of the Underwriters contained in Section 8 7 hereof, shall remain be operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsthe Underwriters, or the Company or the Partnership or any of their officers, directorsCompany, or any controlling personsperson, and shall survive (i) termination of this Agreement or the issuance and (ii) delivery of and payment for the Shares hereunderSecurities to the Underwriters.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract