Common use of Xxxxxxxx-Xxxxx Act Clause in Contracts

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 143 contracts

Samples: Underwriting Agreement (Idex Corp /De/), Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/)

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Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 95 contracts

Samples: Underwriting Agreement (Venture Global, Inc.), Underwriting Agreement (Replimune Group, Inc.), Underwriting Agreement (InvenTrust Properties Corp.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 81 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 69 contracts

Samples: Underwriting Agreement (Avery Dennison Corp), Underwriting Agreement (First American Financial Corp), Purchase Agreement (Matthews International Corp)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 60 contracts

Samples: Underwriting Agreement (Vera Therapeutics, Inc.), Securities Purchase Agreement (Rezolute, Inc.), Underwriting Agreement (Rezolute, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 46 contracts

Samples: Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Nasdaq, Inc.), Underwriting Agreement (Borse Dubai LTD)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 42 contracts

Samples: Underwriting Agreement (Concentra Group Holdings Parent, Inc.), Underwriting Agreement (Absci Corp), Underwriting Agreement (Prime Medicine, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 39 contracts

Samples: Purchase Agreement (Sixth Street Lending Partners), Purchase Agreement (Sixth Street Lending Partners), Underwriting Agreement (Sixth Street Specialty Lending, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 35 contracts

Samples: Underwriting Agreement (Akero Therapeutics, Inc.), Underwriting Agreement (Akero Therapeutics, Inc.), Underwriting Agreement (Biomea Fusion, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 34 contracts

Samples: Underwriting Agreement (Sage Therapeutics, Inc.), Underwriting Agreement (Sage Therapeutics, Inc.), Underwriting Agreement (Sage Therapeutics, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 33 contracts

Samples: Underwriting Agreement (Take Two Interactive Software Inc), Underwriting Agreement (Take Two Interactive Software Inc), Underwriting Agreement (Intuit Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 32 contracts

Samples: Underwriting Agreement (Brown & Brown, Inc.), Dealer Manager and Solicitation Agent Agreement (Granite Ridge Resources, Inc.), Dealer Manager and Solicitation Agent Agreement (TH International LTD)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 31 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 30 contracts

Samples: Dealer Manager and Solicitation Agent Agreement (AlTi Global, Inc.), Dealer Manager and Solicitation Agent Agreement (Global Business Travel Group, Inc.), Dealer Manager and Solicitation Agent Agreement (Marketwise, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 28 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Eastman Chemical Co), Underwriting Agreement (Piedmont Office Realty Trust, Inc.)

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

Appears in 23 contracts

Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 23 contracts

Samples: Underwriting Agreement (BigBear.ai Holdings, Inc.), Underwriting Agreement (AerSale Corp), Underwriting Agreement (Cabaletta Bio, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 20 contracts

Samples: Underwriting Agreement (SVB Financial Group), Underwriting Agreement (SVB Financial Group), Underwriting Agreement (Waste Connections, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 19 contracts

Samples: Equity Distribution Agreement (Volitionrx LTD), Common Stock at Market Issuance Sales Agreement (Isun, Inc.), Underwriting Agreement (Avalonbay Communities Inc)

Xxxxxxxx-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, such to comply in all material respects with any provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 16 contracts

Samples: Euro Purchase Agreement (Netflix Inc), Dollar Purchase Agreement (Netflix Inc), Purchase Agreement (Netflix Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 16 contracts

Samples: Securities Purchase Agreement (Pulse Biosciences, Inc.), Underwriting Agreement (PTC Therapeutics, Inc.), Underwriting Agreement (PTC Therapeutics, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 15 contracts

Samples: Underwriting Agreement (Advance Auto Parts Inc), Underwriting Agreement (Advance Auto Parts Inc), Underwriting Agreement (Advance Auto Parts Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 14 contracts

Samples: Underwriting Agreement (MPT Operating Partnership, L.P.), Underwriting Agreement (Medical Properties Trust Inc), Underwriting Agreement (MPT Operating Partnership, L.P.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 14 contracts

Samples: Sales Agreement (Agios Pharmaceuticals, Inc.), Underwriting Agreement (Agios Pharmaceuticals Inc), Underwriting Agreement (Agios Pharmaceuticals Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 13 contracts

Samples: Sales Agreement (Crinetics Pharmaceuticals, Inc.), Underwriting Agreement (CARGO Therapeutics, Inc.), Underwriting Agreement (Guardant Health, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 13 contracts

Samples: Sales Agreement (Atreca, Inc.), Underwriting Agreement (AppHarvest, Inc.), Underwriting Agreement (Adverum Biotechnologies, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 12 contracts

Samples: Underwriting Agreement (Crinetics Pharmaceuticals, Inc.), Securities Purchase Agreement (Crinetics Pharmaceuticals, Inc.), Underwriting Agreement (Annexon, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 12 contracts

Samples: Underwriting Agreement (Precision Biosciences Inc), Underwriting Agreement (Expensify, Inc.), Underwriting Agreement (Otonomy, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 12 contracts

Samples: Underwriting Agreement (BioAtla, Inc.), Underwriting Agreement (CS Disco, Inc.), Underwriting Agreement (CS Disco, Inc.)

Xxxxxxxx-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 any material respect with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 11 contracts

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

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

Appears in 11 contracts

Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.)

Xxxxxxxx-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 provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 11 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the all rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 10 contracts

Samples: Underwriting Agreement (CommScope Holding Company, Inc.), Underwriting Agreement (CommScope Holding Company, Inc.), Underwriting Agreement (CommScope Holding Company, Inc.)

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

Appears in 9 contracts

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

Xxxxxxxx-Xxxxx Act. There is and has been no failure in any material respect 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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationscertifications by the Company’s Chief Executive Officer and Chief Financial Officer.

Appears in 8 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationscertificates.

Appears in 8 contracts

Samples: Underwriting Agreement (Bluebird Bio, Inc.), Underwriting Agreement (Bluebird Bio, Inc.), Underwriting Agreement (Bluebird Bio, Inc.)

Xxxxxxxx-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 with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the "Xxxxxxxx-Xxxxx Act"), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 8 contracts

Samples: Underwriting Agreement (Cheniere Energy Inc), Purchase Agreement (Meadowbrook Insurance Group Inc), Underwriting Agreement (Exco Resources Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-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 8 contracts

Samples: Underwriting Agreement (Stoke Therapeutics, Inc.), Sales Agreement (Morphic Holding, Inc.), Underwriting Agreement (Stoke Therapeutics, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith by the Commission thereunder (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

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

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

Appears in 7 contracts

Samples: Underwriting Agreement (Athlon Energy Inc.), Underwriting Agreement (Athlon Energy Inc.), Underwriting Agreement (Athlon Energy Inc.)

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

Appears in 7 contracts

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

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

Appears in 7 contracts

Samples: Purchase Agreement (Continental Resources, Inc), Purchase Agreement (Continental Resources, Inc), Purchase Agreement (Continental Resources, Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 (the “Sarbanes Oxley Act”) and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof, related to certifications.

Appears in 7 contracts

Samples: Purchase Agreement (Oasis Petroleum Inc.), Purchase Agreement (Oasis Petroleum Inc.), Underwriting Agreement (Oasis Petroleum Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 7 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Underwriting Agreement (Oglethorpe Power Corp), Underwriting Agreement (Oglethorpe Power Corp), Underwriting Agreement (Oglethorpe Power Corp)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.

Appears in 6 contracts

Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 6 contracts

Samples: Underwriting Agreement (Annexon, Inc.), Underwriting Agreement (Trean Insurance Group, Inc.), Underwriting Agreement (Trean Insurance Group, Inc.)

Xxxxxxxx-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 trustees or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Underwriting Agreement (Chesapeake Lodging Trust), Underwriting Agreement (Chesapeake Lodging Trust), Underwriting Agreement (Chesapeake Lodging Trust)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 6 contracts

Samples: Sales Agreement (MedAvail Holdings, Inc.), Sales Agreement (COMPASS Pathways PLC), Underwriting Agreement (Emcore Corp)

Xxxxxxxx-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 provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (SJW Group), Underwriting Agreement (Albany International Corp /De/), Underwriting Agreement (Graftech International LTD)

Xxxxxxxx-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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

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

Xxxxxxxx-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 the provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.

Appears in 5 contracts

Samples: Sales Agreement (Crown Castle Inc.), Sales Agreement (Crown Castle International Corp), Sales Agreement (Crown Castle International Corp)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), that are in effect and with which the Company is required to comply as of the effectiveness of the Registration Statement, including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Ovid Therapeutics Inc.), Underwriting Agreement (Ovid Therapeutics Inc.), Underwriting Agreement (Ovid Therapeutics Inc.)

Xxxxxxxx-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 provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (Polypore International, Inc.), Underwriting Agreement (Haynes International Inc), Underwriting Agreement (Haynes International Inc)

Xxxxxxxx-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 any material respect with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Share Purchase Agreement (Minerva Surgical Inc), Underwriting Agreement (FB Financial Corp), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Sales Agreement (Alx Oncology Holdings Inc), Underwriting Agreement (Alx Oncology Holdings Inc), Underwriting Agreement (Alx Oncology Holdings Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

Samples: Underwriting Agreement (F&G Annuities & Life, Inc.), Underwriting Agreement (F&G Annuities & Life, Inc.), Underwriting Agreement (Fidelity & Guaranty Life Holdings, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, to the extent compliance is required as of the date of this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc)

Xxxxxxxx-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 with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 5 contracts

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

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Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-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 5 contracts

Samples: Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Kura Oncology, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, to the extent compliance is required as of the date of this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (TPG Partners, LLC), Underwriting Agreement (Oak Street Health, Inc.), Underwriting Agreement (Oak Street Health, Inc.)

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

Appears in 5 contracts

Samples: Underwriting Agreement (Auburn Hills Manufacturing, Inc.), Underwriting Agreement (American Axle & Manufacturing Holdings Inc), Underwriting Agreement (American Axle & Manufacturing Holdings Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 4 contracts

Samples: Underwriting Agreement (Cbeyond Communications Inc), Underwriting Agreement (Cbeyond Communications Inc), Underwriting Agreement (Animal Health International, Inc.)

Xxxxxxxx-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 provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Cabot Corp), Underwriting Agreement (Cabot Corp), Underwriting Agreement (Under Armour, Inc.)

Xxxxxxxx-Xxxxx Act. There Except as described in the Prospectus, 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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Sales Agreement (BOSTON OMAHA Corp), Sales Agreement (BOSTON OMAHA Corp), Sales Agreement (BOSTON OMAHA Corp)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Viridian Therapeutics, Inc.\DE), Underwriting Agreement (Viridian Therapeutics, Inc.\DE), Underwriting Agreement (Holley Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Aurora Innovation, Inc.), Underwriting Agreement (Stratasys Ltd.), Underwriting Agreement (TimkenSteel Corp)

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

Appears in 4 contracts

Samples: Capital on Demand Sales Agreement (Aeglea BioTherapeutics, Inc.), Capital on Demand Sales Agreement (Aeglea BioTherapeutics, Inc.), Open Market Sale Agreement (Aeglea BioTherapeutics, Inc.)

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

Appears in 4 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Clearwire Corp /DE), Sales Agreement (Clearwire Corp /DE), Underwriting Agreement (Ca, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-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.), Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.)

Xxxxxxxx-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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Seattle Genetics Inc /Wa), Underwriting Agreement (Seattle Genetics Inc /Wa), Underwriting Agreement (Seattle Genetics Inc /Wa)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (HMH Holding Inc), Underwriting Agreement (Certara, Inc.), Underwriting Agreement (PPD, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the related rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Meritor Inc), Underwriting Agreement (Meritor Inc), Underwriting Agreement (Arvinmeritor Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Orchard Therapeutics PLC), Underwriting Agreement (Intapp, Inc.), Underwriting Agreement (Intapp, Inc.)

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

Appears in 4 contracts

Samples: Underwriting Agreement (Domtar CORP), Underwriting Agreement (Domtar CORP), Underwriting Agreement (Domtar CORP)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) applicable to the Company, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Purchase Agreement (Antero Resources LLC), Purchase Agreement (Antero Resources LLC), Purchase Agreement (Antero Resources Finance Corp)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (Costar Group, Inc.), Underwriting Agreement (Costar Group, Inc.), Underwriting Agreement (Costar Group Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, applicable to the Company.

Appears in 4 contracts

Samples: Underwriting Agreement (RxSight, Inc.), Atm Equity Offering Sales Agreement (RxSight, Inc.), Underwriting Agreement (RxSight, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 4 contracts

Samples: Underwriting Agreement (First Niagara Financial Group Inc), Underwriting Agreement (First Niagara Financial Group Inc), Underwriting Agreement (First Niagara Financial Group Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, except where such noncompliance would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Umpqua Holdings Corp), Underwriting Agreement (Umpqua Holdings Corp), Underwriting Agreement (Umpqua Holdings Corp)

Xxxxxxxx-Xxxxx Act. There To the extent applicable to the Company and its directors and officers, 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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Zai Lab LTD), Underwriting Agreement (Zai Lab LTD), Underwriting Agreement (Zai Lab LTD)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Underwriting Agreement (Rio Tinto Finance (USA) PLC), Underwriting Agreement (Rio Tinto PLC), Underwriting Agreement (Rio Tinto Finance Usa LTD)

Xxxxxxxx-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 provisions of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (IHS Markit Ltd.), Purchase Agreement (Manitowoc Co Inc), Purchase Agreement (Manitowoc Foodservice, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including including, without limitation, Section 402 related to loans to insiders and Sections 302 and 906 related to certifications.

Appears in 3 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.

Appears in 3 contracts

Samples: International Underwriting Agreement (Bilibili Inc.), Underwriting Agreement (JD.com, Inc.), International Underwriting Agreement (JD.com, Inc.)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)) in any material respect, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

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

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith by the Commission thereunder (the “Xxxxxxxx-Xxxxx Act”), 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 3 contracts

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

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

Appears in 3 contracts

Samples: Purchase Agreement (Continental Resources Inc), Purchase Agreement (Continental Resources Inc), Purchase Agreement (Continental Resources Inc)

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

Appears in 3 contracts

Samples: Purchase Agreement (Resolute Energy Corp), Purchase Agreement (Resolute Energy Corp), Purchase Agreement (Resolute Energy Corp)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Heska Corp), Underwriting Agreement (Advanced Micro Devices Inc), Underwriting Agreement (Advanced Micro Devices Inc)

Xxxxxxxx-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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications.

Appears in 3 contracts

Samples: Underwriting Agreement (Eclipse Resources Corp), Purchase Agreement (Eclipse Resources Corp), Equity Purchase Agreement (Jones Energy, Inc.)

Xxxxxxxx-Xxxxx Act. There is and has been no failure in any material respect 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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationscertifications by the Company’s Chief Executive Officer and Chief Financial Officer.

Appears in 3 contracts

Samples: Underwriting Agreement (ViacomCBS Inc.), Underwriting Agreement (ViacomCBS Inc.), Underwriting Agreement (Paramount Global)

Xxxxxxxx-Xxxxx Act. There is and has 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 provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-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 (Vitamin Shoppe, Inc.), Underwriting Agreement (Vitamin Shoppe, Inc.), Underwriting Agreement (Vs Holdings, Inc.)

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