Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 399 contracts
Samples: Underwriting Agreement (TELA Bio, Inc.), Underwriting Agreement (Americas Carmart Inc), Underwriting Agreement (Rezolute, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter as of the date hereof, as of the date of this Agreement, Initial Sale Time and as of the First Closing Date (as hereinafter defined) and as of in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
Appears in 92 contracts
Samples: Underwriting Agreement (National Fuel Gas Co), Underwriting Agreement (Amphenol Corp /De/), Underwriting Agreement (Church & Dwight Co Inc /De/)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the Applicable Time, the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 73 contracts
Samples: Underwriting Agreement (Enovix Corp), Underwriting Agreement (Scilex Holding Co), Underwriting Agreement (Theratechnologies Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, and covenants with each Underwriter, as follows:
Appears in 41 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined below) and for the period from the First Closing Date through and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 20 contracts
Samples: Underwriting Agreement (Glass Houses Acquisition Corp.), Underwriting Agreement (Glass Houses Acquisition Corp.), Underwriting Agreement (Clarim Acquisition Corp.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 18 contracts
Samples: Underwriting Agreement (USA Acquisition Corp.), Underwriting Agreement (Founder SPAC), Underwriting Agreement (Founder SPAC)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, and covenants with the Underwriter, as follows:
Appears in 14 contracts
Samples: Underwriting Agreement (Sajan Inc), Underwriting Agreement (Igate Corp), Underwriting Agreement (Quidel Corp /De/)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Foghorn Therapeutics Inc.), Underwriting Agreement (Abeona Therapeutics Inc.), Underwriting Agreement (Hanmi Financial Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter as of the date hereof, as of the date Time of this Agreement, Sale and as of the First Closing Date (as hereinafter defined) and as of in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Republic Services, Inc.), Underwriting Agreement (Republic Services, Inc.), Underwriting Agreement (Republic Services, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter as of the date hereof, as of the date of this Agreement, Initial Sale Time and as of the First Closing Date (as hereinafter definedsuch term is defined herein) and as of (in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
Appears in 11 contracts
Samples: Underwriting Agreement (Evergy Metro, Inc.), Underwriting Agreement (Evergy Kansas Central, Inc.), Underwriting Agreement (Evergy Metro, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, hereof and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if anyDate, as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (McKesson Corp), Underwriting Agreement (McKesson Corp), Underwriting Agreement (McKesson Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 10 contracts
Samples: Underwriting Agreement (Senseonics Holdings, Inc.), Underwriting Agreement, Underwriting Agreement (Ruths Hospitality Group, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Luxfer Holdings PLC), Underwriting Agreement (Luxfer Holdings PLC), Underwriting Agreement (Chuy's Holdings, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined below) and for the period from the First Closing Date though and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (CM Life Sciences II Inc.), Underwriting Agreement (Ark Global Acquisition Corp.), Underwriting Agreement (Ark Global Acquisition Corp.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriterthe several Underwriters, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, and covenants with the Underwriters, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined)Date, if any, and covenants with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Neptune Technologies & Bioressources Inc.), Underwriting Agreement (Dragonwave Inc), Underwriting Agreement (Neptune Technologies & Bioressources Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter as of the date hereof, as of the date of this Agreement, Initial Sale Time and as of the First Closing Date (as hereinafter defineddefined herein) and as of (in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Kansas City Power & Light Co), Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Great Plains Energy Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined below) and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (LF Capital Acquisition Corp. II), Underwriting Agreement (LF Capital Acquisition Corp. II)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriterthe Underwriters, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter as of the date hereof, as of the date of this AgreementInitial Sale Time, and as of the First Closing Date (as hereinafter defined) and as of in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (RPM International Inc/De/), Underwriting Agreement (RPM International Inc/De/), Underwriting Agreement (RPM International Inc/De/)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Bellerophon Therapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if anyDate, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Cti Biopharma Corp), Underwriting Agreement (Cti Biopharma Corp), Underwriting Agreement (Cti Biopharma Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Tekkorp Digital Acquisition Corp. II), Underwriting Agreement (Tekkorp Digital Acquisition Corp.), Underwriting Agreement (Tekkorp Digital Acquisition Corp.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, hereof and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (McKesson Corp), Underwriting Agreement (McKesson Corp), Underwriting Agreement (McKesson Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (KalVista Pharmaceuticals, Inc.), Underwriting Agreement (scPharmaceuticals Inc.), Underwriting Agreement (Rezolute, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Northwest Bancshares, Inc.), Underwriting Agreement (Park National Corp /Oh/), Underwriting Agreement (First Citizens Bancshares Inc /De/)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Astria Therapeutics, Inc.), Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.), Underwriting Agreement (Astria Therapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined below) and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Protagonist Therapeutics, Inc), Underwriting Agreement (Protagonist Therapeutics, Inc), Underwriting Agreement (Protagonist Therapeutics, Inc)
Representations and Warranties of the Company. The Company hereby representsrepresents and warrants to, warrants and covenants to with, each Underwriter, as of the date of this Agreementhereof, as of the First Applicable Time, as of the Closing Date (as hereinafter defined) Time, and as of each Option Closing Date (as hereinafter defined), if any, ) and agrees with each Underwriter as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Umh Properties, Inc.), Underwriting Agreement (Umh Properties, Inc.), Underwriting Agreement (Umh Properties, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, the Underwriter as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined in Section 2) and as of each Option Closing Date (as hereinafter defineddefined in Section 2), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Imago BioSciences, Inc.), Underwriting Agreement (C4 Therapeutics, Inc.), Underwriting Agreement (C4 Therapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby representsrepresents and warrants to, warrants and covenants to with, each Underwriter, as of the date of this Agreementhereof, as of the First Applicable Time, as of the Closing Date (as hereinafter defined) Time, and as of each Option Closing Date (as hereinafter definedif any), if any, and agrees with each Underwriter as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Monmouth Real Estate Investment Corp), Underwriting Agreement (Monmouth Real Estate Investment Corp), Underwriting Agreement (Monmouth Real Estate Investment Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter as of the date hereof, as of the date of this Agreement, Initial Sale Time and as of the First Closing Date (as hereinafter defineddefined below) and as of (in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Cboe Global Markets, Inc.), Underwriting Agreement (Intercontinental Exchange, Inc.), Underwriting Agreement (Intercontinental Exchange, Inc.)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the Applicable Time, the First Closing Date (as hereinafter defined) and as of each the Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.)
Representations and Warranties of the Company. The Company hereby representsrepresents and warrants to, warrants and covenants to with, each Underwriter, as of the date of this Agreementhereof, as of the First Applicable Time (as defined herein), as of the Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)
Representations and Warranties of the Company. A. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Opko Health, Inc.), Underwriting Agreement (ARC Group Worldwide, Inc.), Underwriting Agreement (ARC Group Worldwide, Inc.)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the Applicable Time, the First Closing Date (as hereinafter defineddefined below) and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Veru Inc.), Underwriting Agreement (Veru Inc.), Underwriting Agreement (Veru Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter that, as of the date of this Agreement, hereof and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as followsDate:
Appears in 3 contracts
Samples: Underwriting Agreement (Puget Energy Inc /Wa), Underwriting Agreement (Oshkosh Corp), Underwriting Agreement (Oshkosh Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreementhereof, as of the First Applicable Time (as defined in Section 1(a) hereof) and as of the Closing Date (as hereinafter defineddefined in Section 2(b) and as of each Option Closing Date (as hereinafter definedhereof), if any, and agrees with each Underwriter as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (American Capital, LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter and Selling Stockholder, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Certara, Inc.), Underwriting Agreement (Certara, Inc.), Underwriting Agreement (Certara, Inc.)
Representations and Warranties of the Company. A. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, as follows:
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 Warranties of the Company. The Company hereby representsrepresents and warrants to, warrants and covenants to with, each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Avanir Pharmaceuticals, Inc.), Underwriting Agreement (Avanir Pharmaceuticals, Inc.), Underwriting Agreement (Metabolix, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as any Date of each Option Closing Date Delivery (as hereinafter defined), if any, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (ConnectOne Bancorp, Inc.), Underwriting Agreement (Heartland Financial Usa Inc), Underwriting Agreement (First Citizens Bancshares Inc /De/)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the Applicable Time, the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, unless such representation, warranty or agreement speaks as of a different time, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Edesa Biotech, Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Zomedica Pharmaceuticals Corp.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter as of the date hereof, as of the date of this AgreementInitial Sale Time, as of the First Closing Date (as hereinafter defineddefined herein) and as of each Option Closing Date of Delivery (if any) (as hereinafter defineddefined herein) (in each case, a “Representation Date”), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Great Plains Energy Inc), Underwriting Agreement (Great Plains Energy Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined in Section 2) and as of each Option Closing Date (as hereinafter defineddefined in Section 2), if any, and covenants with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Proto Labs Inc), Underwriting Agreement (Proto Labs Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Manchester United PLC)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriterthe Underwriters, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Great Southern Bancorp, Inc.), Underwriting Agreement (Enterprise Financial Services Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Hain Celestial Group Inc), Underwriting Agreement (Icahn Carl C)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined)Date, if anyapplicable, and covenants with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Vox Royalty Corp.), Underwriting Agreement (GREAT PANTHER MINING LTD)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined in Section 2 below) and as of each Option Closing Date (as hereinafter defineddefined in Section 2 below), if any, and covenants with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, and covenants with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Inverness Medical Innovations Inc)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) Date, and as of covenants with each Option Closing Date (as hereinafter defined), if anyUnderwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Golden Queen Mining Co LTD), Underwriting Agreement (Dragonwave Inc)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Outlook Therapeutics, Inc.), Underwriting Agreement (Outlook Therapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Savara Inc), Underwriting Agreement (Grindrod Shipping Holdings Ltd.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the Applicable Time, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each the Option Closing Date (as hereinafter defineddefined in Section 2), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Nanobiotix S.A.), Underwriting Agreement (Nanobiotix S.A.)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of Underwriter and each Selling Shareholder at the date of this Agreementhereof, as of the First Applicable Time, the Closing Date (as hereinafter defined) defined below), and as of each Option Closing Date (as hereinafter defined), if any) referred to in Section 3(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Southern States Bancshares, Inc.), Underwriting Agreement (Southern States Bancshares, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Securities Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Pluristem Therapeutics Inc), Underwriting Agreement (Pluristem Therapeutics Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, and covenants with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Pioneer Energy Services Corp), Underwriting Agreement (Pioneer Drilling Co)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined)Date, if anyand covenants with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Hydrogenics Corp), Underwriting Agreement (Hydrogenics Corp)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, the Underwriter as of the date of this Agreement, as of the Applicable Time, the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Transenterix, Inc.), Underwriting Agreement (Tg Therapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Medpace Holdings, Inc.), Underwriting Agreement (Medpace Holdings, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, Agreement and as of the First each Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if anycovenants with the Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Double Eagle Petroleum Co), Underwriting Agreement (Double Eagle Petroleum Co)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) Date, and as of covenants with each Option Closing Date (as hereinafter defined), if anyUnderwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Draganfly Inc.), Underwriting Agreement (Draganfly Inc.)
Representations and Warranties of the Company. The Company Company, the Adviser and the Administrator, jointly and severally, hereby representsrepresent, warrants warrant and covenants covenant to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Gladstone Investment Corporation\de), Underwriting Agreement (Gladstone Investment Corporation\de)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if anycovenants with the Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Parallel Petroleum Corp), Underwriting Agreement (Parallel Petroleum Corp)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined below) and for the period from the First Closing Date through and as of each Option option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (TKB Critical Technologies 1), Underwriting Agreement (TKB Critical Technologies 1)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, the Underwriter as of the date of this Agreement, as of the Applicable Time and the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriterof the several Underwriters, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreementhereof, and as of the First Closing Date (as hereinafter defined) and as of in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Ebay Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriterthe Underwriters, as of the date of this Agreement, Agreement and as of the First each Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if anycovenants with the Underwriters, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, and covenants with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (BCD Semiconductor Manufacturing LTD)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each the Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, and covenants with the Underwriter, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defineddefined in Section 2), if any, as follows:
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Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, as follows:
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Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the Applicable Time, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, and covenants and agrees with each Underwriter, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, the Forward Purchaser and the Forward Seller as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (OHI Healthcare Properties Limited Partnership)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Firm Unit Closing Date (as hereinafter defined) and as of each Option Optional Unit Closing Date (as hereinafter hereafter defined), if any, and covenants with each Underwriter, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, hereof and as of the First Closing Date (as hereinafter defined) and as of in each Option Closing Date (as hereinafter definedcase, a “Representation Date”), if any, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Oriental Financial Group Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defineddefined below), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriterof the Underwriters, as of the date of this Agreementhereof, as of the First Initial Sale Time, as of the Closing Date (as hereinafter defined) and as of each Option Additional Closing Date Date, as the case may be (as hereinafter definedin each case, a “Representation Date”), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Thermo Fisher Scientific Inc.)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined)Date, if any, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each UnderwriterUnderwriter and each Selling Stockholder, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
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Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the Applicable Time, the First Closing Date (as hereinafter defined) ), and as of each Option Closing Date (as hereinafter defined), if any, as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as any Date of each Option Closing Date Delivery (as hereinafter defined), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Heartland Financial Usa Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defineddefined in Section 2), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, Underwriter as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each the Underwriter, as of the date of this Agreement, Agreement and as of the First each Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Mindray Medical International LTD)
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, any as follows:
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Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined) (each, a “Closing Date”), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriter, as of the date of this Agreement, Agreement and as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, represents and warrants and covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined)Date, if anyand covenants with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each Underwriterthe Underwriters, as of the date of this Agreement, as of the First Applicable Time, and as of the Closing Date (as hereinafter defined) and as any Date of each Option Closing Date Delivery (as hereinafter defined), if any, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Bridgewater Bancshares Inc)
Representations and Warranties of the Company. The Company hereby represents, warrants and covenants to each the Underwriter, as of the date of this Agreement, as of the First Applicable Time, and as of the Closing Date (as hereinafter defined) and as any Date of each Option Closing Date Delivery (as hereinafter defined), if any, as follows:
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