Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 63 contracts
Samples: Underwriting Agreement (Kindly MD, Inc.), Underwriting Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (60 Degrees Pharmaceuticals, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 19 contracts
Samples: Underwriting Agreement (Trio Petroleum Corp.), Underwriting Agreement (Luxurban Hotels Inc.), Underwriting Agreement (Luxurban Hotels Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 15 contracts
Samples: Underwriting Agreement (Guerrilla RF, Inc.), Underwriting Agreement (Vivos Therapeutics, Inc.), Underwriting Agreement (Vivos Therapeutics, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (ScoutCam Inc.), Underwriting Agreement (Avinger Inc), Underwriting Agreement (Avinger Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 11 contracts
Samples: Underwriting Agreement (Fitness Champs Holdings LTD), Underwriting Agreement (COR3&Co. (Holdings) LTD), Underwriting Agreement (JBDI Holdings LTD)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Austin Gold Corp.), Underwriting Agreement (Hour Loop, Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), if any, as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Sow Good Inc.), Underwriting Agreement (Reebonz Holding LTD), Underwriting Agreement (Digirad Corp)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersRepresentative, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Iridex Corp), Underwriting Agreement (Cherokee Inc), Underwriting Agreement (Mabvax Therapeutics Holdings, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b4(d) below), as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Frankly Inc), Underwriting Agreement (Frankly Inc), Underwriting Agreement (Frankly Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Sharps Compliance Corp), Underwriting Agreement (Atomera Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(c) below) and as of each or any applicable Option Closing Date (as defined in Section 4(b4(a) below), ) as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (New Horizon Aircraft Ltd.), Underwriting Agreement (Biocept Inc), Underwriting Agreement (Celularity Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriters and the Selling Stockholders, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b4(d) below), as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.), Underwriting Agreement (FlexEnergy Green Solutions, Inc.), Underwriting Agreement (FlexEnergy Green Solutions, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Better Therapeutics, Inc.), Underwriting Agreement (Synlogic, Inc.), Underwriting Agreement (Synlogic, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersRepresentative, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), if any, as follows:follows (except where a representation and warranty speaks as of a different date as indicated below):
Appears in 3 contracts
Samples: Underwriting Agreement (Massimo Group), Underwriting Agreement (Massimo Group), Underwriting Agreement (Massimo Group)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.), Underwriting Agreement (Real Goods Solar, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersRepresentative, as of the date hereof and as of the any Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b5(c) below), as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(b) below) and as of each Option Closing Date (as defined in Section 4(b4(c) below), as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (zSpace, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d4(c) below) ), and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Amesite Operating Co), Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d4(b) below) and as of each Option Closing Date (as defined in Section 4(b4(c) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Crown Electrokinetics Corp.), Underwriting Agreement (Crown Electrokinetics Corp.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersRepresentative, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), ) as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Bionano Genomics, Inc), Underwriting Agreement (Bionano Genomics, Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d4(c) below) and as of each Option Closing Date (as defined in Section 4(b4(d) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof , and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Giga Tronics Inc), Underwriting Agreement (Giga Tronics Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d5(d) below) and as of each Option Closing Date (as defined in Section 4(b5(b) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Asv Holdings, Inc.), Underwriting Agreement (A.S.V., LLC)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d5(d) below) and as of each Option Closing Date (as defined in Section 4(b5(b) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (ACM Research, Inc.), Underwriting Agreement (ACM Research, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), except as otherwise indicated, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d5(d) below) and as of each Option Closing Date (as defined in Section 4(b5(b) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Fathom Holdings Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersRepresentative, as of the date hereof and as of the Closing Date (as defined in Section 4(d4(b) below) and as of each Option Closing Date (as defined in Section 4(b4(c) below), ) as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), except as otherwise indicated, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Mri Interventions, Inc.), Underwriting Agreement (Mri Interventions, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), except as otherwise indicated, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Myomo Inc), Underwriting Agreement (Myomo Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersRepresentative, as of the date hereof and as of the any Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b4(c) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (UpHealth, Inc.), Underwriting Agreement (UpHealth, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) below and as of each Option Closing Date (as defined in Section 4(b4(n) below), as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Inuvo, Inc.), Underwriting Agreement (Inuvo, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), if any, as follows:follows (except where a representation and warranty speaks as of a different date as indicated below):
Appears in 2 contracts
Samples: Underwriting Agreement (Fatpipe Inc/Ut), Underwriting Agreement (Fatpipe Inc/Ut)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d4(c) below) ), and as of each Option Closing Date (as defined in Section 4(b4(d) below), as follows:
Appears in 1 contract
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and , as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 1 contract
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Opgen Inc)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 1 contract
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:follows (except where a representation and warranty speaks as of a different date as indicated below):
Appears in 1 contract
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several UnderwritersUnderwriter, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d5(d) below) and as of each Option Closing Date (as defined in Section 4(b5(b) below), as follows:
Appears in 1 contract
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof hereof, and as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:follows (except where a representation or warranty specifies as of a different date as indicated below):
Appears in 1 contract
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and as of the applicable Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Junee LTD)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d) below) and as of each Option Closing Date (as defined in Section 4(b) below), ) as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Restoration Robotics, Inc.)
Representations and Warranties of the Company Regarding the Offering. (a) The Company represents and warrants to, and agrees with, the several Underwriters, as of the date hereof and hereof, as of the Closing Date (as defined in Section 4(d5(d) below) and as of each Option Closing Date (as defined in Section 4(b5(b) below), if any, as follows:
Appears in 1 contract
