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. 333-128750) 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, as amended (“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

Appears in 1 contract

Samples: Underwriting Agreement (Complete Production Services, Inc.)

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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. 333-12875071177) 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, as amended 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.

Appears in 1 contract

Samples: Underwriting Agreement (Autoweb Com 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. 333-128750333-_____) 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 declareddeclared effective,

Appears in 1 contract

Samples: Underwriting Agreement (Career Education 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. 333-12875052481) 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, as amended 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 declaredbeen

Appears in 1 contract

Samples: Underwriting Agreement (American Tower Corp /Ma/)

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. 333-12875068094) 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, as amended (“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”) has been declaredsuch

Appears in 1 contract

Samples: Underwriting Agreement (Big 5 Sporting Goods 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. 333-12875038339) 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 1933 (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 declaredbeen

Appears in 1 contract

Samples: Underwriting Agreement (Icon CMT Corp)

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Representations and Warranties of the Company and the Selling Stockholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters and the Selling Stockholders that: (i) A registration statement (No. 333-12875074789) 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, as amended 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 declaredsuch

Appears in 1 contract

Samples: Underwriting Agreement (Spartech 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. 333-12875085714) 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, as amended 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”) has been declaredeffective

Appears in 1 contract

Samples: Underwriting Agreement (Cti Molecular Imaging 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. 333-128750115708) 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, as amended 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 declaredhas

Appears in 1 contract

Samples: Underwriting Agreement (Commercial Vehicle Group, Inc.)

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