SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 126 contracts
Samples: Underwriting Agreement (Rocket Pharmaceuticals, Inc.), Underwriting Agreement (Cardiff Oncology, Inc.), Underwriting Agreement (Anaptysbio, Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 23 contracts
Samples: Underwriting Agreement (Cryo Cell International Inc), Underwriting Agreement (B. Riley Financial, Inc.), Underwriting Agreement (B. Riley Financial, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 18 contracts
Samples: Underwriting Agreement (Nkarta, Inc.), Underwriting Agreement (Argenx Se), Underwriting Agreement (Cabaletta Bio, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 18 contracts
Samples: Equity Underwriting Agreement (Sarepta Therapeutics, Inc.), Equity Underwriting Agreement (Sarepta Therapeutics, Inc.), Equity Underwriting Agreement (Sarepta Therapeutics, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 15 contracts
Samples: Placement Agent Agreement (IntelGenx Technologies Corp.), Placement Agent Agreement (Altair Nanotechnologies Inc), Placement Agent Agreement (Inovio Pharmaceuticals, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 14 contracts
Samples: Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Echo Therapeutics, Inc.), Underwriting Agreement (Oculus Innovative Sciences, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 14 contracts
Samples: Placement Agent Agreement (Great Basin Scientific, Inc.), Placement Agent Agreement (Great Basin Scientific, Inc.), Placement Agent Agreement (Great Basin Scientific, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 9 contracts
Samples: Placement Agent Agreement (Cadiz Inc), Placement Agent Agreement (Cadiz Inc), Placement Agent Agreement (Intellipharmaceutics International Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 9 contracts
Samples: Underwriting Agreement (Arotech Corp), Underwriting Agreement (Advanced Photonix Inc), Underwriting Agreement (Cache Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Units. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 9 contracts
Samples: Underwriting Agreement (VectoIQ Acquisition Corp. II), Underwriting Agreement (VectoIQ Acquisition Corp. II), Underwriting Agreement (VectoIQ Acquisition Corp. II)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 9 contracts
Samples: Underwriting Agreement (Dynavax Technologies Corp), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Cytokinetics Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Units. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 8 contracts
Samples: Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockOffered Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 6 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Tiziana Life Sciences PLC), Underwriting Agreement (Tiziana Life Sciences PLC)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 6 contracts
Samples: Placement Agent Agreement (Cytokinetics Inc), Placement Agent Agreement (Anesiva, Inc.), Placement Agent Agreement (GTX Inc /De/)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 6 contracts
Samples: Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement (Sutro Biopharma, Inc.), Underwriting Agreement (Albireo Pharma, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 6 contracts
Samples: Placement Agent Agreement (Harbor BioSciences, Inc.), Placement Agent Agreement (Acusphere Inc), Placement Agent Agreement (Altair Nanotechnologies Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8 or Section 10, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 6 contracts
Samples: Underwriting Agreement (Harrow Health, Inc.), Underwriting Agreement (B. Riley Financial, Inc.), Underwriting Agreement (Synchronoss Technologies Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 5 contracts
Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 5 contracts
Samples: Underwriting Agreement (BG Medicine, Inc.), Underwriting Agreement (Ballard Power Systems Inc.), Underwriting Agreement (BG Medicine, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 5 contracts
Samples: Underwriting Agreement (ONCOSEC MEDICAL Inc), Underwriting Agreement (Matinas BioPharma Holdings, Inc.), Underwriting Agreement (Matinas BioPharma Holdings, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 21, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 5 contracts
Samples: Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 5 contracts
Samples: Placement Agent Agreement (Oxigene Inc), Placement Agent Agreement (Cyclacel Pharmaceuticals, Inc.), Placement Agent Agreement (Columbia Laboratories Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriterseach Placement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 5 contracts
Samples: Placement Agent Agreement (Lpath, Inc), Placement Agent Agreement (Lpath, Inc), Placement Agent Agreement (Lpath, Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 5 contracts
Samples: Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 Sections 9 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Placement Agent Agreement (Immunomedics Inc), Placement Agent Agreement (Collagenex Pharmaceuticals Inc), Placement Agent Agreement (Orient Express Hotels LTD)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (Apricus Biosciences, Inc.), Underwriting Agreement (NovaBay Pharmaceuticals, Inc.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (Rosetta Genomics Ltd.), Underwriting Agreement (Rosetta Genomics Ltd.), Underwriting Agreement (CNS Response, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling Shareholders and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Selling Shareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (Double-Take Software, Inc.), Underwriting Agreement (Double-Take Software, Inc.), Underwriting Agreement (MEDecision, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (Global Defense & National Security Systems, Inc.), Underwriting Agreement (Global Defense & National Security Systems, Inc.), Underwriting Agreement (Tecogen Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties indemnity and other statements forth contribution and reimbursement agreements contained in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of the representations and warranties set forth in this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Selling stockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (AerSale Corp), Underwriting Agreement (AerSale Corp), Underwriting Agreement (Limelight Networks, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 8 and 10 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 4 contracts
Samples: Underwriting Agreement (Gasco Energy Inc), Underwriting Agreement (Gasco Energy Inc), Underwriting Agreement (Beacon Power Corp)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling Stockholders and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Selling Stockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Greenlane Holdings, Inc.), Underwriting Agreement (Greenlane Holdings, Inc.), Underwriting Agreement (Radiant Logistics, Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (SuperCom LTD), Underwriting Agreement (Affymax Inc), Underwriting Agreement (Affymax Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Calyxt, Inc.), Underwriting Agreement (Tilray, Inc.), Underwriting Agreement (Alexza Pharmaceuticals Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Rxi Pharmaceuticals Corp), Underwriting Agreement (Opexa Therapeutics, Inc.), Underwriting Agreement (Xoma LTD /De/)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Catalyst Pharmaceuticals, Inc.), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Authentidate Holding Corp), Underwriting Agreement (CNS Response, Inc.), Underwriting Agreement (Galectin Therapeutics Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Underwriting Agreement (Combinatorx, Inc), Underwriting Agreement (Combinatorx, Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (MDxHealth SA), Underwriting Agreement (Voyager Therapeutics, Inc.), Underwriting Agreement (MDxHealth SA)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 9 or Section 1011, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54(v), 7 8 and 9 10 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2124, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Nikola Corp), Underwriting Agreement (Nikola Corp), Underwriting Agreement (Omeros Corp)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties indemnity and other statements forth contribution and reimbursement agreements contained in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of the representations and warranties set forth in this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Loan and Security Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Ohr Pharmaceutical Inc), Underwriting Agreement (Advanced Emissions Solutions, Inc.), Underwriting Agreement (ZARS Pharma, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersCowen, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any UnderwriterCowen, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (Universal Stainless & Alloy Products Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 3 contracts
Samples: Underwriting Agreement (IZEA, Inc.), Underwriting Agreement (Pure Bioscience, Inc.), Underwriting Agreement (Pure Bioscience, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Interactive Strength, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 7 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 54, 7 6 and 9 8 and Sections 11 10 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Check-Cap LTD), Underwriting Agreement (Check-Cap LTD)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockPublic Shares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Panacea Acquisition Corp. II), Underwriting Agreement (Panacea Acquisition Corp. II)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Placement Agent Agreement (Anadys Pharmaceuticals Inc), Placement Agency Agreement (Cerus Corp)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnitiesrepresentations, warranties, covenants, agreements, representations, warranties indemnities and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnitiesrepresentations, warranties, covenants, agreements, representations, warranties indemnities and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Viewray Inc), Underwriting Agreement (Viewray Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, and 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (RumbleOn, Inc.), Underwriting Agreement (RumbleON, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Pacific Ethanol, Inc.), Underwriting Agreement (Pacific Ethanol, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 7, 8 and 9 10 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Bionovo Inc), Underwriting Agreement (Bionovo Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Purchaser, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, indemnity and contribution and reimbursement agreements contained in Sections 8 and 10 and the representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Placement Agent Agreement (A123 Systems, Inc.), Placement Agent Agreement (Fuelcell Energy Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times...
Appears in 2 contracts
Samples: Underwriting Agreement (NeoStem, Inc.), Underwriting Agreement (NeoStem, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Ballard Power Systems Inc.), Underwriting Agreement (Ballard Power Systems Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnitiesindemnity and contribution agreements contained in Section 7, and the covenants, agreements, representations, representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 7, 9, 10 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Clean Diesel Technologies Inc), Underwriting Agreement (Clean Diesel Technologies Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Plug Power Inc), Underwriting Agreement (Plug Power Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section Sections 8 or Section 109, the indemnities, indemnity and contribution agreements contained in Section 7 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Placement Agency Agreement (Celsion CORP), Placement Agency Agreement (Quicklogic Corporation)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.), Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10(a), the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Aerie Pharmaceuticals Inc), Underwriting Agreement (Aerie Pharmaceuticals Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the subsidiaries and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the subsidiaries, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (InspireMD, Inc.), Underwriting Agreement (InspireMD, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (ClearPoint Neuro, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockClosing Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (NovaBay Pharmaceuticals, Inc.), Underwriting Agreement (BG Medicine, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Sunesis Pharmaceuticals Inc), Underwriting Agreement (Sunesis Pharmaceuticals Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, respectively pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including including, without limitation limitation, any termination pursuant to Section 8 9 or Section 1011, the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 8 and 9 10 and Sections 11 12 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Moog Inc), Underwriting Agreement (Moog Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, indemnity and contribution agreements contained in Section 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Placement Agent Agreement (Cadiz Inc), Placement Agent Agreement (Cadiz Inc)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockOffered ADSs. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (COMPASS Pathways PLC), Underwriting Agreement (COMPASS Pathways PLC)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 2 contracts
Samples: Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (Novan, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 1012, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 4, 5, 7 6, 9, 11, and 9 13 and Sections 11 14 through 2123, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersSelling Shareholders and the Underwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Selling Shareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 12 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (Transition Therapeutics Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any UnderwriterPlacement Agent, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10Sections 9, the indemnities, indemnity and contribution and reimbursement agreements contained in Sections 8 and 10 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Placement Agent Agreement (Harvest Natural Resources, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2124, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (Omeros Corp)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Selling Shareholders and the Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Selling Shareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company i3 Verticals Parties and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company i3 Verticals Parties or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 8 or Section 1010, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2Section 2, 5Section 5, 7 and 9 Section 7, Section 9 and Sections 11 11 through 2121, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 10 and Sections 11 12 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, and 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling Shareholders and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Selling Shareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the StockADSs. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21021, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Underwriters, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (Inovio Pharmaceuticals, Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all timeseffect.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the subsidiaries and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the subsidiaries, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 9 or Section 1011, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 24, 56, 7 8 and 9 10 and Sections 11 13 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (CVSL Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares and Pre-Funded Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (Milestone Pharmaceuticals Inc.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriterseach Placement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agents, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 9, the indemnity, contribution and reimbursement agreements contained in Sections 8 or Section and 10, respectively, and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the Principal Subsidiaries and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Principal Subsidiaries, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (Kenexa Corp)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any either of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockNotes. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties indemnity and other statements forth contribution and reimbursement agreements contained in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of the representations and warranties set forth in this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockStock and the Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 50, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 10, the indemnitiesindemnity, reimbursement and contribution agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Underwriting Agreement (Invivo Therapeutics Holdings Corp.)
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Placement Agent, the Company Company, the Purchaser or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersUnderwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 108, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 10 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109(a), the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the several UnderwritersInitial Purchasers, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriterthe Initial Purchasers, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8 or Section 109, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 24, 55(f), 7 8 and 9 10 and Sections 11 through 2114, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.
Appears in 1 contract
Samples: Purchase Agreement (Omeros Corp)