Selling Stockholders’ Certificate. On the First Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 4 contracts
Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Novatel Wireless Inc), Underwriting Agreement (Intralase Corp)
Selling Stockholders’ Certificate. On each of the First Closing Date and the Representatives Second Closing Date the Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (Molina Healthcare Inc), Underwriting Agreement (Molina Healthcare Inc), Underwriting Agreement (Pc Tel Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (Chuy's Holdings, Inc.), Underwriting Agreement (LHC Group, Inc), LHC Group, Inc
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (Certara, Inc.), Underwriting Agreement (Certara, Inc.), Underwriting Agreement (Certara, Inc.)
Selling Stockholders’ Certificate. On each of the First Closing Date and, with respect to the Optional Common Shares (if not purchased on the First Closing Date), the Second Closing Date the Representatives shall receive have received a written certificate executed by the an Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (Charles River Associates Inc), Underwriting Agreement (Charles River Associates Inc), Underwriting Agreement (Charles River Associates Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives Representative shall receive a written certificate executed by the Attorney-in-Attorney in Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.)
Selling Stockholders’ Certificate. On each of the First Closing Date and the Second Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (Vyyo Inc), Underwriting Agreement (Nu Skin Enterprises Inc), Underwriting Agreement (Supergen Inc)
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (AdaptHealth Corp.), Underwriting Agreement (Mirati Therapeutics, Inc.), Underwriting Agreement (Addus HomeCare Corp)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 3 contracts
Samples: Underwriting Agreement (TCV v Lp), Underwriting Agreement (TechTarget Inc), Underwriting Agreement (Fiesta Restaurant Group, Inc.)
Selling Stockholders’ Certificate. On the First Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such First Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (Accentia Biopharmaceuticals Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and the Second Closing Date the Representatives shall receive a written certificate executed by the Attorneyeach Selling Stockholder selling Common Shares as of such date (or such Selling Stockholder's attorney-in-Fact of each Selling Stockholderfact), dated as of such Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (Coldwater Creek Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and the Second Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Dateclosing date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (OptiNose, Inc.), Underwriting Agreement (OptiNose, Inc.)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives shall receive a written certificate executed by the Selling Stockholder named in Schedule A-2 and by the Attorney-in-Fact of each Selling StockholderStockholder named in Schedule A-1 and Schedule A-3, dated as of such Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Chuy's Holdings, Inc.), Underwriting Agreement (Chuy's Holdings, Inc.)
Selling Stockholders’ Certificate. On the First Closing Date the Representatives shall receive have received a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Il Fornaio America Corp), Underwriting Agreement (Il Fornaio America Corp)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact a representative of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Jefferies Capital Partners Iv Lp)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Chefs' Warehouse, Inc.), Underwriting Agreement (Chefs' Warehouse Holdings, LLC)
Selling Stockholders’ Certificate. On the First Closing Date the Representatives shall receive received a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (MKS Instruments Inc), Underwriting Agreement (MKS Instruments Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and the Second Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Underwriting Agreement (Gasonics International Corp)
Selling Stockholders’ Certificate. On each of the First Closing Date and any Subsequent Closing Date, the Representatives shall receive a written certificate executed by the each Selling Stockholder or an Attorney-in-Fact on behalf of each such Selling Stockholder, dated as of such Closing Dateclosing date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Nuvasive Inc), Underwriting Agreement (Nuvasive Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and any Subsequent Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 2 contracts
Samples: Underwriting Agreement (Synagro Technologies Inc), Synagro Technologies Inc
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholderof, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Samples: Papa Murphy's Holdings, Inc.
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact general partner of each the Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive have received a written certificate executed by the Attorney-in-Fact of each Selling StockholderShareholder, dated as of such Closing Datedate, to the effect set forth in Section 8(b)(ii) and further to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Biodelivery Sciences International Inc)
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive a written certificate executed by an executive officer of the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by an executive officer of the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, as applicable, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On the First Closing Date and each Subsequent Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such the First Closing Date and each Subsequent Closing Date, as applicable, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed [by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate (except for the representations and warranties which speak as of a specific date, which shall be true and correct as of such date), to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by the AttorneyAttorneys-in-Fact of each the Selling StockholderStockholders, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder or each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Vnus Medical Technologies Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, or such Selling Stockholder, as applicable, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:that such Selling Stockholder has complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied at or prior to such date.
Appears in 1 contract
Samples: Underwriting Agreement (Marrone Bio Innovations Inc)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On The Representatives shall receive on the First Closing Date the Representatives shall receive a written certificate executed by each Management Selling Stockholder and by the Attorney-in-Fact Committee, on behalf of each other Selling Stockholder, dated as of such Closing Date, and on the Second Closing Date, a written certificate executed by Xx. Xxxxxx, in each case, to the effect that:
Appears in 1 contract
Samples: Texas Roadhouse, Inc.
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact an officer of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On the First Closing Date the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such the First Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, as applicable, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date the Representatives Representative shall receive a written certificate executed by an authorized officer of the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Claymont Steel Holdings, Inc.)
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive have received a written certificate executed by the on behalf of each Selling Stockholder (or such holder's Attorney-in-Fact of each Selling StockholderFact), dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Igate Corp)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Parnell Pharmaceuticals Holdings Pty LTD)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Holley Inc.)
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Datedate, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On the First Closing Date Date, the Representatives shall receive have received a written certificate executed by the Attorney-in-Fact of each the Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each the Selling Stockholder or the Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)
Selling Stockholders’ Certificate. On the First Closing Date the Representatives shall receive a written certificate executed by the Attorney-in-Fact of each Selling Stockholder, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Selling Stockholders’ Certificate. On each of the First Closing Date and each Option Closing Date, the Representatives Representative shall receive a written certificate executed by the Attorney-in-Fact of each the Selling StockholderStockholders or the Selling Stockholders, dated as of such Closing Date, to the effect that:
Appears in 1 contract
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)