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

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (Net Perceptions Inc), Underwriting Agreement (Applied Science & Technology Inc), Underwriting Agreement (Questor Partners Fund L P)

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Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholder and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersStockholder, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (QualityTech, LP)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (LHC Group, Inc), Underwriting Agreement (LHC Group, Inc), Underwriting Agreement (Ceco Environmental Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholder, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (American Finance Group Inc /De/), Underwriting Agreement (Creditrust Corp), Underwriting Agreement (Kulicke & Soffa Industries Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholder and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholder, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 4 contracts

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

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, Stockholder as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Streamline Com Inc), Underwriting Agreement (American Bank Note Holographics Inc), Underwriting Agreement (American Banknote Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officersCompany, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Jefferies Capital Partners Iv Lp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officersCompany, of the Selling Stockholders Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholders, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers affiliates, officers, directors or directors employees or any controlling person, or the Selling StockholdersStockholder, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

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

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, Stockholders as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Zebra Technologies Corp/De), Underwriting Agreement (Periphonics Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company or any person controlling the companyCompany, of its officersofficers or directors, of the Selling Stockholders Stockholders, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, Selling Stockholder or the Company or any of its or their partners, officers or officers, directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Rc2 Corp), Underwriting Agreement (Racing Champions Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the any Selling StockholdersStockholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Elantec Semiconductor Inc), Underwriting Agreement (Elantec Semiconductor Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Selling Stockholder, the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriter, the Selling Stockholder or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares Securities sold or issued and sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Blumenfeld Michael J), Underwriting Agreement (Collegiate Pacific Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Il Fornaio America Corp), Underwriting Agreement (Il Fornaio America Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officersofficers [, of the Selling Stockholders Stockholders] and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, [or the Selling Stockholders, ,] as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Odyssey Re Holdings Corp), Underwriting Agreement (Blaze Software Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersStockholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (Firepond Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers, of any Selling Stockholder, or of any person controlling the company, of its officers, of the company or any Selling Stockholders Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person or the any Selling StockholdersStockholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and such indemnities and agreements shall survive any termination of this Agreement.

Appears in 2 contracts

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

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company Company, the Selling Stockholders, or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (MCK Communications Inc), Underwriting Agreement (MCK Communications Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling Company, the company, of its officersPartnership and the Selling Shareholders, of the Selling Stockholders Company's officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwrite, the Company Company, the Partnership, the Selling Shareholders or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Suburban Lodges of America Inc), Underwriting Agreement (Suburban Lodges of America Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officers, of the Selling Stockholders Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Insmed Inc), Underwriting Agreement (Quest Software Inc)

Representations and Indemnities to Survive Delivery. The --------------------------------------------------- respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its the Company's officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, Stockholders as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Signature Resorts Inc), Underwriting Agreement (Signature Resorts Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers officers, or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Delta Financial Corp), Underwriting Agreement (JMP Group Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Friendly Ice Cream Corp), Underwriting Agreement (Scientific Learning Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company(including its subsidiaries), of its officers, of the Selling Stockholders Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersStockholder, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Regeneration Technologies Inc), Underwriting Agreement (Abiomed Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholder, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Caribou Coffee Company, Inc.), Underwriting Agreement (Caribou Coffee Company, Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, principals, members, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Cheap Tickets Inc), Underwriting Agreement (Charles River Associates Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholder or of any person controlling the Company or the Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, the Selling Stockholder or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Abgenix Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company or any person controlling the companyCompany, of its officersofficers or directors, of the Selling Stockholders Principal Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, the Principal Shareholder or the Company or any of its or their partners, officers or officers, directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (MPW Industrial Services Group Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Principal Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersPrincipal Stockholder, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Goracing Com Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Daleen Technologies Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, any Selling Stockholder or the any person controlling such Selling StockholdersStockholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholders, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, principals, members, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (White House Inc/Md)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company or the Selling Stockholders or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Charles River Associates Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersStockholder, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Iradimed Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officersSelling Shareholders, of the Selling Stockholders Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, any Selling Shareholders, the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares Offered ADSs sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (I-Mab)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the by any Selling StockholdersStockholder or any person controlling such Selling Stockholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Mortons Restaurant Group Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, rights of contribution, agreements, representations, warranties and other statements of Funding, the Company or any person controlling the companyCompany, of its their officers, and each of the Selling Stockholders and of the several Underwriters Initial Purchasers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Initial Purchaser, Funding or the Company or any of its or their respective partners, officers or officers, directors or any controlling person, or the Selling Stockholderspersons, as the case may be, and will survive delivery of and payment for the Shares Securities sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Crum & Forster Holdings Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company or any person controlling the companyCompany, of its officersofficers or directors, of the Principal Stockholders, of the Selling Stockholders Stockholders, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, Principal Stockholder, Selling Stockholder or the Company or any of its or their partners, officers or officers, directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Racing Champions Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholders, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (NewAmsterdam Pharma Co N.V.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Acquired Entities and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, the Acquired Entities or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Healthstream Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their respective partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Igate Corp)

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Representations and Indemnities to Survive Delivery. The --------------------------------------------------- respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company or any person controlling the companyCompany, of its officersofficers or directors, of the Selling Stockholders Stockholder, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, Selling Stockholder or the Company or any of its or their partners, officers or officers, directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Koala Corp /Co/)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company or any person controlling the companyCompany, of its officersofficers or directors, of the Selling Stockholders Stockholders, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, any Selling Stockholder or the Company or any of its or their partners, officers or officers, directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Lamalie Associates Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officers, of the Selling Stockholders Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersStockholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Netgear Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholders, as the case may be, and will indefinitely survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Universal American Financial Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, principals, members, officers or directors or any controlling person, person or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (McSi Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, the Company or the Company Selling Stockholders or any of its or their respective partners, principals, members, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and person will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Prism Financial Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Landrys Restaurants Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders or any person controlling any Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Carreker Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Quicklogic Corporation)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Stockholders, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Mypoints Com Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, any Selling Stockholder or the any person controlling such Selling StockholdersStockholder, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Jones Lang Lasalle Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholder and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any termination of this Agreement or investigation made by or on behalf of any Underwriter the Underwriter, the Selling Shareholder or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Surety Capital Corp /De/)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the company, of its officers, of the Selling Stockholders Shareholders or its officers, where applicable, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Operating Partnership and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, Operating Partnership as the case may be, and and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Healthcare Properties Trust Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholder, of the OA Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, the Selling Stockholder or the Selling OA Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (New Century Financial Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its the Significant Stockholder, of the Company's officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Filetek Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company or any Selling Shareholder or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares and Warrants sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Dollar Tree Stores Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company or any person controlling the companyCompany, of its officersofficers or directors, of the Selling Stockholders Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, the Selling Shareholder or the Company or any of its or their partners, officers or officers, directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Robbins & Myers Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officersofficers , of the Selling Stockholders Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersShareholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Orthovita Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, officers of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Hybrid Networks Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company or any person controlling the companyCompany, of its officersofficers or directors, of the Selling Stockholders Stockholder, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, Selling Stockholder or the Company or any of its or their partners, officers or officers, directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Richardson Electronics LTD/De)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders Principal Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholdersPrincipal Shareholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Melita International Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders and of the several Underwriters you set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter you or the Company or any of its or their partners, principals, members, officers or directors or any controlling person, or the Selling Stockholders, Stockholders or any of their controlling persons as the case may be, and will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Brite Voice Systems Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, or any person controlling the company, of its officers, of the LLC, or its members, of the Selling Stockholders Stockholders, or their officers, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or the LLC, or any of its or their members, partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Franchise Mortgage Acceptance Co)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyCompany, of its officers, of the Selling Stockholders officers and of the several Underwriters Underwriter(s) or Representative(s) set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriter(s) or Representative(s) or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Redwood Trust Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the companyand its Subsidiaries, Affiliated Companies and Related Partnerships, and of its officers, of the Selling Stockholders their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder under this Agreement and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Ilx Resorts Inc)

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