Common use of Representations and Warranties of the Underwriters Clause in Contracts

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under “Underwriting” in the Prospectus and only insofar as such information relates to the amount of selling concession and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 2 contracts

Samples: Underwriting Agreement (Deer Consumer Products, Inc.), Smartheat Inc.

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Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs 3, 5, 13 and 14 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 2 contracts

Samples: American Public Education Inc, American Public Education Inc

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering Offering and (b) in all paragraphs 3, 12, 13 and 14 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 2 contracts

Samples: Underwriting Agreement (Heritage-Crystal Clean, Inc.), Heritage-Crystal Clean, Inc.

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs 3, 11 and 12 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Underwriting Agreement (Lime Energy Co.)

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and offering, (b) in all paragraphs the legends concerning stabilizing and passive market making activities on the inside front cover page of the Prospectus, and (c) under "Underwriting" in the Prospectus and only insofar as such information relates was furnished in writing to the amount Company by and on behalf of selling concession the Underwriters specifically for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Midwest Banc Holdings Inc

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company and the Selling Shareholders that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs 3, 11, 12 and 13 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Agreement (Healthstream Inc)

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents represent and warrants warrant to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under "Underwriting" in the Prospectus and only insofar as such information relates Prospectus, except paragraph 11, was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Cosi Inc

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount discounts and commissions and terms of the offering and (b) in all paragraphs under "Underwriting" in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Fall River Gas Co

Representations and Warranties of the Underwriters. (a) The RepresentativeRepresentatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company and the Selling Stockholders that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Turbochef Technologies Inc

Representations and Warranties of the Underwriters. (a) The RepresentativeRepresentatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under “Underwriting” in the Prospectus, except for paragraphs six, seven, eight, nine and fifteen, comprises the information furnished to the Company by and on behalf of the Underwriters for use in connection with the preparation of the Registration Statement and the Prospectus and only insofar as such information relates to the amount of selling concession and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Fuqi International, Inc.

Representations and Warranties of the Underwriters. (a) The Representative-------------------------------------------------- Representatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company that the information set forth (ai) on the cover page of the Prospectus with respect to price, underwriting discount discounts and commissions and terms of the offering and (bii) in all paragraphs under "Underwriting" in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment the Prospectus and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.. The Representatives represent and warrant that they have

Appears in 1 contract

Samples: Underwriting Agreement (Onsale Inc)

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering Offering and (b) in all paragraphs 3, 11, 12 and 13 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Heritage-Crystal Clean, Inc.

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs 3, 12 and 13 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Portfolio Recovery Associates Inc

Representations and Warranties of the Underwriters. (a) The RepresentativeRepresentatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company and the Selling Stockholder that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Underwriting Agreement (Standard Parking Corp)

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company that the information set forth (a) on the cover page of the Public Offering Prospectus with respect to price, underwriting discount discount, direct placement fee and terms of the offering Public Offering and (b) in all paragraphs 3, 11 and 12 under “Underwriting” in the Public Offering Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Heritage-Crystal Clean, Inc.

Representations and Warranties of the Underwriters. (a) The RepresentativeRepresentatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company and the Partnership that the information set forth (ai) on the cover page of the Prospectus with respect to price, underwriting discount discounts and commissions and terms of the offering and (bii) in all paragraphs under “Underwriting” in the Prospectus and only insofar as such information relates to the amount of selling concession and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.13 14

Appears in 1 contract

Samples: Sunstone Hotel Investors Inc

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company and the Selling Stockholders that the information set forth (a) on the cover page of the Prospectus with respect to price, the public offering price and underwriting discount and terms of for the offering Offering and (b) in all paragraphs 3, 11, 12 and 13 under "Underwriting" in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statements and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Blum Capital Partners Lp

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Representations and Warranties of the Underwriters. (a) The Representative-------------------------------------------------- Representatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company and to the Selling Shareholders that the information set forth (ai) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under “Underwriting” in the Prospectus and only insofar as such information relates to the amount of selling concession and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.underwriting

Appears in 1 contract

Samples: Information Management Resources Inc

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company and the Selling Shareholders that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under "Underwriting" in the Prospectus and only insofar as such information relates Prospectus, except paragraphs [ ] thereof, was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Houston Wire & Cable CO

Representations and Warranties of the Underwriters. (a) The RepresentativeRepresentatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company and the Selling Shareholder that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under "Underwriting" in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: National Research Corp

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company and the Selling Stockholders that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs 3, 10, 11 and 12 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: American Public Education Inc

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents -------------------------------------------------- Underwriters represent and warrants warrant to the Company that the information set forth (ai) on the cover page of the Prospectus with respect to price, underwriting discount discounts and commissions and terms of offering, (ii) with respect to stabilization and overallotment set forth on the offering inside cover page of the Prospectus and (biii) in all paragraphs under "Underwriting" in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment the Prospectus and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Underwriting Agreement (Data Processing Resources Corp)

Representations and Warranties of the Underwriters. (a) The Representative-------------------------------------------------- Underwriters, on behalf of the several Underwriters, represents represent and warrants warrant to the Company and to the Selling Stockholders that the information set forth (ai) on the cover page of the Prospectus with respect to price, underwriting discount discounts and commissions and terms of the offering and (bii) in all paragraphs under "Underwriting" in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment the Prospectus and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Underwriting Agreement (Loehmanns Inc)

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company and the Selling Shareholders that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under “Underwriting” in the Prospectus Prospectus, except paragraphs 6, 14 and only insofar as such information relates 15 thereof, was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Underwriting Agreement (Houston Wire & Cable CO)

Representations and Warranties of the Underwriters. (a) The RepresentativeRepresentatives, on behalf of the several Underwriters, represents represent and warrants warrant to the Company and the Selling Shareholders that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs under “Underwriting” in the Prospectus Prospectus, except paragraphs 6, 13, 14 and only insofar as such information relates 15 thereof, was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: Underwriting Agreement (Shamir Optical Industry Ltd.)

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company and the Selling Stockholders that the information set forth (a) on the cover page of the Prospectus with respect to price, underwriting discount and terms of the offering and (b) in all paragraphs 3, 12, 13 and 14 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statement and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: American Public Education Inc

Representations and Warranties of the Underwriters. (a) The Representative, on behalf of the several Underwriters, represents and warrants to the Company and the Selling Stockholders that the information set forth (a) on the cover page of the Prospectus with respect to price, the public offering price and underwriting discount and terms of for the offering Offering and (b) in all paragraphs 3, 11, 12 and 13 under “Underwriting” in the Prospectus and only insofar as such information relates was furnished to the amount Company by and on behalf of selling concession the Underwriters for use in connection with the preparation of the Registration Statements and re-allowance or to over-allotment and related activities that may be undertaken by the Underwriters, is correct and complete in all material respects.

Appears in 1 contract

Samples: PRGX Global, Inc.

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