Common use of Sxxxxxxx-Xxxxx Act Clause in Contracts

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 21 contracts

Samples: Underwriting Agreement (Agco Corp /De), Underwriting Agreement (Carpenter Technology Corp), Placement Agency Agreement (Cytosorbents Corp)

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Sxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 19 contracts

Samples: Securities Purchase Agreement (Rezolute, Inc.), Underwriting Agreement (Dorian LPG Ltd.), Underwriting Agreement (Telix Pharmaceuticals LTD)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 16 contracts

Samples: Underwriting Agreement (Legacy Education Inc.), Underwriting Agreement (SONDORS Inc.), Underwriting Agreement (SONDORS Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 11 contracts

Samples: Underwriting Agreement (Grid Dynamics Holdings, Inc.), Purchase Agreement (Select Medical Holdings Corp), Underwriting Agreement (Surgery Partners, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans to insiders and Sections 302 and 906 related to certifications.

Appears in 11 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 11 contracts

Samples: Open Market Sale Agreement (ImmunoGen, Inc.), Open Market Sale Agreement (ImmunoGen, Inc.), Underwriting Agreement (Dynex Capital Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans loans, to the extent such provisions and Sections 302 rules and 906 related to certificationsregulations are applicable.

Appears in 10 contracts

Samples: Underwriting Agreement (Roth CH Acquisition v Co.), Underwriting Agreement (Roth CH Acquisition IV Co.), Underwriting Agreement (Roth CH Acquisition IV Co.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 9 contracts

Samples: Underwriting Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 8 contracts

Samples: Sales Agreement (InflaRx N.V.), Underwriting Agreement (Smith Douglas Homes Corp.), Sales Agreement (SOPHiA GENETICS SA)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (Camp4 Therapeutics Corp), Underwriting Agreement (SpringWorks Therapeutics, Inc.), Underwriting Agreement (Black Diamond Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (American Reprographics CO), Underwriting Agreement (Universal Compression Inc), Underwriting Agreement (American Reprographics CO)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsthereunder.

Appears in 7 contracts

Samples: Distribution Agreement (Tellurian Inc. /De/), Distribution Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

Samples: Underwriting Agreement (Kyndryl Holdings, Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Underwriting Agreement (Waste Connections, Inc.), Underwriting Agreement (Waste Connections, Inc.), Underwriting Agreement (Waste Connections, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Lexeo Therapeutics, Inc.), Underwriting Agreement (Tactile Systems Technology Inc), Underwriting Agreement (Enlight Renewable Energy Ltd.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Underwriting Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.), Open Market Sale Agreement (Corbus Pharmaceuticals Holdings, Inc.), Open Market Sale Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Horace Mann Educators Corp /De/), Purchase Agreement (Healthequity, Inc.), Purchase Agreement (Healthequity, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Alliqua BioMedical, Inc.), Underwriting Agreement (Cryoport, Inc.), Underwriting Agreement (Ohr Pharmaceutical Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or company or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (AerSale Corp), Underwriting Agreement (Aura Biosciences, Inc.), Sales Agreement (Molecular Templates, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 4 contracts

Samples: Underwriting Agreement (Concho Resources Inc), Underwriting Agreement (Concho Resources Inc), Underwriting Agreement (Concho Resources Inc)

Sxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Coterra Energy Inc.), Underwriting Agreement (American Equity Investment Life Holding Co), Underwriting Agreement (American Equity Investment Life Holding Co)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company Company, or to the Company’s knowledge or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 4 contracts

Samples: Common Stock Sales Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.), Underwriting Agreement (Edgewise Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related ) to loans and Sections 302 and 906 related to certificationswhich the Company is subject.

Appears in 4 contracts

Samples: Underwriting Agreement (FGX International Holdings LTD), Underwriting Agreement (Burger King Holdings Inc), Underwriting Agreement (Burger King Holdings Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Company Stock Purchase Agreement (Delta Petroleum Corp/Co), Underwriting Agreement (Delta Petroleum Corp/Co)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications, that are in effect and with which the Company is required to comply.

Appears in 4 contracts

Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Orgenesis Inc.), Securities Purchase Agreement (Orgenesis Inc.), Securities Purchase Agreement (Orgenesis Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (SharpSpring, Inc.), Underwriting Agreement (CaesarStone Sdot-Yam Ltd.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans loans, to the extent such provisions and Sections 302 rules and 906 related to certificationsregulations are applicable.

Appears in 3 contracts

Samples: Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the best knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or company or, to the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (908 Devices Inc.), Underwriting Agreement (Emcore Corp), Underwriting Agreement (908 Devices Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or company or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cytosorbents Corp), Underwriting Agreement (Praxis Precision Medicines, Inc.), Underwriting Agreement (Praxis Precision Medicines, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the U.S. Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith applicable to the Company (the “Sxxxxxxx-Xxxxx Act”), including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure in any material respect on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Humanigen, Inc), Sales Agreement (Humanigen, Inc), Underwriting Agreement (Humanigen, Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Mersana Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Cliffs Natural Resources Inc.), Underwriting Agreement (Cliffs Natural Resources Inc.), Underwriting Agreement (Overseas Shipholding Group Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision Section 402 of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications2002.

Appears in 3 contracts

Samples: Underwriting Agreement (DealerTrack Holdings, Inc.), Underwriting Agreement (DealerTrack Holdings, Inc.), Underwriting Agreement (DealerTrack Holdings, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply comply, in all material respects, with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Denbury Resources Inc), Underwriting Agreement (Denbury Resources Inc), Underwriting Agreement (Denbury Resources Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as in effect at the applicable time, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Vector Group LTD), Underwriting Agreement (Vector Group LTD), Underwriting Agreement (Vector Group LTD)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as in effect at the applicable time, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Penwest Pharmaceuticals Co), Share Purchase Agreement (TRM Corp), Share Purchase Agreement (Penwest Pharmaceuticals Co)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Share Purchase Agreement (Minerva Surgical Inc), Underwriting Agreement (Volcano CORP), Underwriting Agreement (Volcano CORP)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 3 contracts

Samples: Underwriting Agreement (Vanda Pharmaceuticals Inc.), Underwriting Agreement (Vanda Pharmaceuticals Inc.), Underwriting Agreement (Voltaire Ltd.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any member of the Company’s directors or supervisory board and management board and officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Underwriting Agreement (Innocoll AG), Underwriting Agreement (Innocoll GmbH)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or and officers, in their capacities capacity as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), ) including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Underwriting Agreement (Approach Resources Inc), Underwriting Agreement (Approach Resources Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company after reasonable inquiry, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Cohen & Co Inc.), Equity Distribution Agreement (Broadwind, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Adicet Bio, Inc.), Underwriting Agreement (Adicet Bio, Inc.)

Sxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.), Open Market Sale Agreement (Apogee Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 2 contracts

Samples: International Underwriting Agreement (Tuya Inc.), Hong Kong Underwriting Agreement (Tuya Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or Company, or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Hormel Foods Corp /De/), Underwriting Agreement (Hormel Foods Corp /De/)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Precigen, Inc.), Sales Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company and its Subsidiaries or any of the Company’s officers and directors of the Company or officersany of its Subsidiaries, in their capacities as such, to comply in all material respects with any provision the provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including without limitation Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Range Resources Corp), Underwriting Agreement (Range Resources Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Underwriting Agreement (Morphic Holding, Inc.), Underwriting Agreement (Morphic Holding, Inc.)

Sxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Open Market Sale Agreement (VistaGen Therapeutics, Inc.), Underwriting Agreement (VistaGen Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), as applicable, including Section 402 related to loans and Sections 302 and 906 related to certificationscertifications as applicable.

Appears in 2 contracts

Samples: Underwriting Agreement (EVgo Inc.), Underwriting Agreement (EVgo Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, to the extent compliance is required.

Appears in 2 contracts

Samples: Underwriting Agreement (InnovAge Holding Corp.), Underwriting Agreement (InnovAge Holding Corp.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and, to the best of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) in any material respect, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Biodel Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (that are applicable to the “Sxxxxxxx-Xxxxx Act”)Company as of the date hereof and as of the Closing Date, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Quanterix Corp), Underwriting Agreement (Quanterix Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Sales Agreement (Elevation Oncology, Inc.), Underwriting Agreement (Elevation Oncology, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 2 contracts

Samples: Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co)

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Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (United States Steel Corp), Purchase Agreement (United States Steel Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)in all material respects, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ARCA Biopharma, Inc.), Securities Purchase Agreement (ARCA Biopharma, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), applicable as of the effective date of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Shake Shack Inc.), Underwriting Agreement (Shake Shack Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Sales Agreement (Passage BIO, Inc.), Underwriting Agreement (Passage BIO, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (PTC Therapeutics, Inc.), Sales Agreement (PTC Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Sales Agency Agreement (Village Bank & Trust Financial Corp.), Sales Agency Agreement (Village Bank & Trust Financial Corp.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Purchase Agreement (Ironwood Pharmaceuticals Inc), Underwriting Agreement (Privatebancorp, Inc)

Sxxxxxxx-Xxxxx Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Milestone Pharmaceuticals Inc.), Underwriting Agreement (Milestone Pharmaceuticals Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related loans, to certificationsthe extent compliance is required as of the date of the Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Cannae Holdings, Inc.), Underwriting Agreement (Cannae Holdings, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related loans, to certificationsthe extent applicable to the Company.

Appears in 2 contracts

Samples: Underwriting Agreement (Metropolitan Bank Holding Corp.), Underwriting Agreement (Metropolitan Bank Holding Corp.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors trustees or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 of the Sxxxxxxx-Xxxxx Act related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Acadia Realty Trust), Underwriting Agreement (Acadia Realty Trust)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, officers (in their capacities as such, ) to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Rezolute, Inc.), Equity Commitment (Threshold Pharmaceuticals Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s their respective directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CVRx, Inc.), Underwriting Agreement (CVRx, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 2 contracts

Samples: Underwriting Agreement (Cascal N.V.), Underwriting Agreement (Cascal B.V.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Hydrofarm Holdings Group, Inc.), Underwriting Agreement (Hydrofarm Holdings Group, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (by the “Sxxxxxxx-Xxxxx Act”)Commission thereunder, including Section 402 related to loans loans, Section 404 related to internal controls and Sections 302 and 906 related to certifications, other than de minimis violations.

Appears in 2 contracts

Samples: Distribution Agreement (DiamondRock Hospitality Co), Distribution Agreement (DiamondRock Hospitality Co)

Sxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Pearl Diver Credit Co Inc.), Underwriting Agreement (Owl Rock Capital Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision the provisions of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)as currently in effect, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Solaredge Technologies, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any nor, to the best of the Company’s knowledge having made due enquiry, any of its directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Equity Distribution Agreement (Uranium Royalty Corp.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Stock Purchase Agreement (Clearsign Combustion Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or company or, to the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Underwriting Agreement (Maxcyte, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision Section 402, related to loans, and Sections 302 and 906, related to certifications, of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Marinemax Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision the provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)) applicable to the Company or its directors or officers, as applicable, including Section Sections 303, 304, 306, 401 and 402 related to loans and Sections 302 and 906 related to certificationsof the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Underwriting Agreement (Home Diagnostics Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith thereunder (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 1 contract

Samples: Open Market Sale Agreement (CytomX Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith thereunder (collectively, the “Sxxxxxxx-Xxxxx Act”), including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Mannkind Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Cellular Dynamics International, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Underwriting Agreement (Precision Biosciences Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Underwriting Agreement (Emergent BioSolutions Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or Company, any of the Company’s its subsidiaries and any of its or their directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aimmune Therapeutics, Inc.)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision Section 402 related to loans and Sections 302 and 906 related to certifications of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsor, in any material respects, with any other provision of the Sxxxxxxx-Xxxxx Act.

Appears in 1 contract

Samples: Underwriting Agreement (Mb Financial Inc /Md)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Quicksilver Resources Inc)

Sxxxxxxx-Xxxxx Act. There is and not, nor has been no there been, any failure on the part of the Company or or, to the best knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Petroleum Development Corp)

Sxxxxxxx-Xxxxx Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (D-Market Electronic Services & Trading)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Unit Purchase Agreement (Monument Resources Inc)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (applicable to the “Sxxxxxxx-Xxxxx Act”)Company, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Antero Midstream Corp)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Oklahoma Gas & Electric Co)

Sxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or and any of the Company’s 's directors or officers, in their capacities as such, to comply with any applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Securities Purchase Agreement (Puissance Cross-Border Opportunities III LLC)

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