Common use of Representations and Warranties of the Company and the Selling Stockholders Clause in Contracts

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-111338) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission (“Commission”) and either (A) has been declared effective under the Securities Act of 1933 (“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

Appears in 1 contract

Samples: Underwriting Agreement (Perini Corp)

AutoNDA by SimpleDocs

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133875476) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission (“Commission”"COMMISSION") and either (Ai) has been declared effective under the Securities Act of 1933 (“Act”"ACT") and is not proposed to be amended or (Bii) is proposed to be amended by amendment or post-effective amendment. If such registration statement (the “initial registration statement”"INITIAL REGISTRATION STATEMENT") has been declared effective, either (Ai) an additionaladditional registration statement ("ADDITIONAL REGISTRATION STATEMENT") relating to the Offered

Appears in 1 contract

Samples: Underwriting Agreement (Integrated Defense Technologies Inc)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-111338121086) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission (“Commission”) and either (A) has been declared effective under the Securities Act of 1933 (“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 additionaladditional registration statement (the “additional registration statement”) relating to the Offered Securities may have been filed with the Commission pursuant to Rule 462(b) (“Rule 462(b)”) under the Act and, if so

Appears in 1 contract

Samples: Underwriting Agreement (Consolidated Communications Illinois Holdings, Inc.)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133883352 ) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (A) has been declared effective under the Securities Act of 1933 ("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 additionaladditional registration statement (the "additional registration statement") relating to the Offered Securities may have been filed with the Commission pursuant to Rule 462(b)

Appears in 1 contract

Samples: Underwriting Agreement (Altiris Inc)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133817627) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (A) has been declared effective under the Securities Act of 1933 ("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 additionaladditional registration statement ("additional registration statement") relating to the Offered Securities may have been filed with the Commission pursuant to Rule 462(b) ("Rule 462(b)") under the Act and,

Appears in 1 contract

Samples: Underwriting Agreement (Specialty Care Network Inc)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company and each Management Selling Stockholder severally represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133845000) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (A) has been declared effective under the Securities Act of 1933 ("Act") and is not proposed to be amended or (B) is proposed to be amended by amendment or post-post- effective amendment. If such registration statement (the "initial registration statement") has been declared effective, either (A) an additionaladditional registration statement (the "additional registration statement") relating to the Offered Securities may have been filed with the Commission

Appears in 1 contract

Samples: Underwriting Agreement (Resources Connection Inc)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133869261) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (Aa) has been declared effective under the Securities Act of 1933 ("Act") and is not proposed to be amended or (Bb) is proposed to be amended by amendment or post-effective amendment. If such registration statement (the “"initial registration statement") has been declared effective, either (Aa) an additionaladditional registration statement ("additional registration statement") relating to the Offered Securities may have been filed with the Commission pursuant

Appears in 1 contract

Samples: Underwriting Agreement (Intraware Inc)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133853700) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (A) has been declared effective under the Securities Act of 1933 ("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 additionaladditional registration statement (the "additional registration statement") relating to the Offered Securities may have been filed with the Com-

Appears in 1 contract

Samples: Underwriting Agreement (Pacer International Inc/Tn)

AutoNDA by SimpleDocs

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133868838) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (A) has been declared effective under the Securities Act of 1933 ("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 additionaladditional registration statement (the "additional registration statement") relating to the Offered Securities may have been filed with the

Appears in 1 contract

Samples: Underwriting Agreement (Kindred Healthcare Inc)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133890935) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (A) has been declared effective under the Securities Act of 1933 ("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 additionaladditional registration statement ("additional registration statement") relating to the Offered Securities may have been filed with the Commission pursuant

Appears in 1 contract

Samples: Underwriting Agreement (Netiq Corp)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-11133868622) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission (“Commission”"COMMISSION") and either (A) has been declared effective under the Securities Act of 1933 (“Act”"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”"INITIAL REGISTRATION STATEMENT") has been declared effective, either (A) an additionaladditional registration statement (the "ADDITIONAL

Appears in 1 contract

Samples: Underwriting Agreement (Stericycle Inc)

Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-111338333-_____) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission ("Commission") and either (A) has been declared effective under the Securities Act of 1933 ("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”"Initial Registration Statement") has been declared effective, either (Ax) an additionaladditional registration statement ("additional registration statement") relating to the Offered Securities may have been filed with the

Appears in 1 contract

Samples: Underwriting Agreement (E Piphany Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!