The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder and is a valid and binding agreement of the Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 4 contracts
Samples: Underwriting Agreement (Alphatec Holdings, Inc.), Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (Axsys Technologies Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification or contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 3 contracts
Samples: Underwriting Agreement (Charles River Associates Inc), Underwriting Agreement (Charles River Associates Inc), Underwriting Agreement (Charles River Associates Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder of, and is a valid and binding agreement of the of, such Selling Stockholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Underwriting Agreement (Nuvasive Inc), Underwriting Agreement (Nuvasive Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Underwriting Agreement (MKS Instruments Inc), Underwriting Agreement (MKS Instruments Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (Coldwater Creek Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder Stockholder, and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciple.
Appears in 2 contracts
Samples: Underwriting Agreement (Amn Healthcare Services Inc), Underwriting Agreement (Amn Healthcare Services Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder by, and is a valid and binding agreement of of, the Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Underwriting Agreement (American Bank Note Holographics Inc), Underwriting Agreement (American Banknote Corp)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or generally and by the effect of general equitable principlesprinciples of equity and except that any rights to indemnity and contribution pursuant to Sections 8 and 9 hereof may be limited by federal and state securities laws and public policy considerations.
Appears in 2 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder and is a valid and binding agreement of the Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples and except as rights to indemnity hereunder may be limited by general equitable principles or federal or state securities laws or public policy underlying such laws.
Appears in 2 contracts
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.), Underwriting Agreement (Patriot Capital Funding, Inc.)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder by, and is a valid and binding agreement of of, the Selling StockholderStockholder and the Company, enforceable against the Selling Stockholder and the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law or public policy and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Underwriting Agreement (Blumenfeld Michael J), Underwriting Agreement (Collegiate Pacific Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 2 contracts
Samples: Underwriting Agreement (Chordiant Software Inc), Underwriting Agreement (Convergent Group Corp)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder and is a valid and binding agreement of the Selling Stockholder, enforceable against the Selling Stockholder in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or generally and by the effect of general equitable principlesprinciples of equity and except that any rights to indemnity and contribution pursuant to Sections 8 and 9 hereof may be limited by federal and state securities laws and public policy considerations.
Appears in 2 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, authorized executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder Stockholders and is a valid and binding agreement of the Selling StockholderStockholders, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples and except as rights to indemnity hereunder may be limited by general equitable principles or federal or state securities laws or public policy underlying such laws.
Appears in 1 contract
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.or
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorizedauthorized (where applicable), executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (Charlotte Russe Holding Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may my be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.,
Appears in 1 contract
Samples: Underwriting Agreement (Vyyo Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder Shareholder and is a valid and binding agreement of the such Selling StockholderShareholder, enforceable against such Selling Shareholder in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (Concord Communications Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.,
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.by
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder Shareholder and is a valid and binding agreement of the such Selling StockholderShareholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium moratorium, fraudulent conveyance or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder by, and is a valid and binding agreement of of, the Selling Stockholder, enforceable in accordance with its terms, except as to rights to of indemnification hereunder hereunder, which may be limited by applicable law law, and except as to the enforcement hereof hereof, which may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder Shareholder and is a valid and binding agreement of the such Selling StockholderShareholder, enforceable in accordance with its terms, except as rights to indemnification or contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.the
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder Stockholder, and assuming the due authorization, execution and delivery of this Agreement by the Representative on behalf of the Underwriters is a valid and binding agreement of the Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (Claymont Steel Holdings, Inc.)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder and is a valid and binding agreement of the Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors generally or by general equitable principles.
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (Netgear Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder and is a valid and binding agreement of the Selling Stockholder, enforceable against the Selling Stockholder in accordance with its terms, except as rights to indemnification hereunder that such enforceability may be limited by (i) applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other and similar laws relating to or affecting creditors' rights generally and (ii) equitable principles which may limit the rights and availability of certain equitable remedies of creditors or by general equitable principles(such as specific enforcement) in certain instances.
Appears in 1 contract
Samples: Underwriting Agreement (Boots & Coots International Well Control Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the Selling Stockholder and is a valid and binding agreement of the Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law or principles of public policy and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (Interep National Radio Sales Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder and is a valid and binding agreement of the such Selling Stockholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.the
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder Shareholder and is a valid and binding agreement of the such Selling StockholderShareholder, enforceable against it in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (Peritus Software Services Inc)
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder Shareholder and is a valid and binding agreement of the such Selling StockholderShareholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and public policy and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by or on behalf of the such Selling Stockholder Shareholder and is a valid and binding agreement of the such Selling StockholderShareholder, enforceable against such Selling Shareholder in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (Vistana Inc)