Representations and Warranties of the Company and the Manager. (a) The Company represents and warrants to, and agrees with, each Underwriter as set forth below in this Section 1(a).
Representations and Warranties of the Company and the Manager. (a) The Company represents and warrants to, and agrees with, the Underwriter that:
(i) A registration statement on Form S-3 (No. 333-146626) relating to the Offered Securities, including a related prospectus, has been filed with the Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations thereunder (the “Securities Act Regulations”). The Company has prepared and filed such amendments to the registration statement and such amendments or supplements to the related prospectus as may have been required to the date hereof, and will file such additional amendments or supplements as may hereafter be required. The registration statement has been declared effective under the Securities Act by the Commission. The registration statement, as amended at the time it was declared effective by the Commission (and, if the Company files a post-effective amendment to such registration statement which becomes effective prior to the First Closing Date (as defined below), such registration statement as so amended) and including all information deemed to be a part of the registration statement pursuant to incorporation by reference, Rule 430B of the Securities Act Regulations or otherwise, is hereinafter called the “Registration Statement.” Any registration statement filed pursuant to Rule 462(b) of the Securities Act Regulations is hereinafter called the “Rule 462(b) Registration Statement,” and after such filing the term
Representations and Warranties of the Company and the Manager. (a) The Company represents and warrants to the Placement Agent as of the date hereof and as of each Representation Date (as defined herein) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement and as of the time of each sale of any Securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Representations and Warranties of the Company and the Manager. (a) The Company represents and warrants to the Underwriter that:
Representations and Warranties of the Company and the Manager. (a) The Company represents and warrants to, and agrees with, the several Underwriters that:
(i) A registration statement (No. 333-138990) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission (the “Commission”) and either (A) has been declared effective under the Securities Act of 1933, as amended (the “Act”) and is not proposed to be amended or (B) is proposed to be amended by amendment or post-effective amendment. If such registration statement (the “initial registration statement”) has been declared effective, either (A) an additional registration statement (the “additional registration statement”) relating to the Offered Securities may have been filed with the Commission
Representations and Warranties of the Company and the Manager. Each of the parties to this Agreement represents and warrants to the other that (i) it has the power, authority and right to enter into this Agreement and to carry out and perform the terms, covenants and conditions of this Agreement, (ii) that the execution, delivery and performance of this Agreement has been duly authorized, if necessary, by all necessary corporate action and (iii) this Agreement is a valid and binding agreement of such party.
Representations and Warranties of the Company and the Manager. Except as disclosed in (a) the Company SEC Documents filed or publicly furnished with the SEC on or after December 31, 2021, and prior to the date of this Agreement (but excluding any disclosure contained in any such Company SEC Documents under the heading “Risk Factors” or “Cautionary Statement about Forward-Looking Statements” or similar heading (other than any factual information contained within such headings, disclosure or statements)) or (b) the disclosure letter delivered by the Company to Parent (the “Company Disclosure Schedule”) prior to the execution of this Agreement (provided, however, that (i) disclosure in any section of such Company Disclosure Schedule shall be deemed to be disclosed with respect to any other section of this Agreement to the extent that it is reasonably apparent on the face of such disclosure that it is applicable to such other section notwithstanding the omission of a reference or cross reference thereto and (ii) the mere inclusion of an item in such Company Disclosure Schedule as an exception to a representation or warranty shall not be deemed an admission that such item represents a material exception or material fact, event or circumstance or that such item has had, would have or would reasonably be expected to have a Company Material Adverse Effect), the Company and, with respect to itself where provided for in this Article IV, the Manager each represent and warrant to Parent as follows:
Representations and Warranties of the Company and the Manager. (a) The Company and the Manager jointly and severally represent and warrant to, and agree with, each of the several Underwriters that:
(i) A registration statement on Form N-2 (File Nos. 333-74407 and 811-9261) with respect to the Securities, including a prospectus subject to completion, has been filed by the Company with the Securities and Exchange Commission (the "Commission") under the Securities Act of 1933, as amended (the "Act"), and one or more amendments to such ________________________ * Plus an option to purchase from LCM Internet Growth Fund, Inc. up to 600,000 additional shares to cover over-allotments.
Representations and Warranties of the Company and the Manager. (a) The Company represents and warrants to, and agrees with, each Underwriter that:
(i) A registration statement on Form S-3 (No. 333-174739) relating to the Offered Securities, including a related prospectus, has been filed with the Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations thereunder (the “Securities Act Regulations”). The Company has prepared and filed such amendments to the registration statement and such amendments or supplements to the related prospectus as may have been required to the date hereof, and will file such additional amendments or
Representations and Warranties of the Company and the Manager. (a) The Company represents and warrants to, and agrees with, each Underwriter that:
(i) A registration statement on Form S-3 (No. 333-174739) relating to the Offered Securities, including a related prospectus, has been filed with the Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations thereunder (the “Securities Act Regulations”). The Company has prepared and filed such amendments to the registration statement and such amendments or supplements to the related prospectus as may have been required to the date hereof, and will file such additional amendments or supplements as may hereafter be required. The registration statement has been declared effective under the Securities Act by the Commission. The registration statement, as amended at the time it was declared effective by the Commission (and, if the Company files a post-effective amendment to such registration statement which becomes effective prior to the Closing Date (as defined herein), such registration statement as so amended) and including all information deemed to be a part of the registration statement pursuant to incorporation by reference, Rule 430B of the
