Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loans.
Appears in 30 contracts
Samples: Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (Misonix Inc), Underwriting Agreement (SharpSpring, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 29 contracts
Samples: Underwriting Agreement (Ziopharm Oncology Inc), Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (Wright Medical Group N.V.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 29 contracts
Samples: Underwriting Agreement (Ormat Technologies, Inc.), Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Entrada Therapeutics, Inc.)
Xxxxxxxx-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, 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, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 24 contracts
Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Equity Distribution Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 21 contracts
Samples: Underwriting Agreement (Xactly Corp), Underwriting Agreement (CyberArk Software Ltd.), Underwriting Agreement (CyberArk Software Ltd.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 17 contracts
Samples: Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Verve Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 17 contracts
Samples: Underwriting Agreement (Panacea Acquisition Corp. II), Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Interactive Strength, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 16 contracts
Samples: Distribution Agreement (Retail Properties of America, Inc.), Underwriting Agreement (Retail Properties of America, Inc.), Underwriting Agreement (Retail Properties of America, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 13 contracts
Samples: Sales Agreement (Generation Bio Co.), Underwriting Agreement (Alzamend Neuro, Inc.), Underwriting Agreement (Generation Bio Co.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the any applicable rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 12 contracts
Samples: Purchase Agreement (Nine Energy Service, Inc.), Underwriting Agreement (Callon Petroleum Co), Purchase Agreement (Callon Petroleum Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the CompanyCompany after reasonable inquiry, 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, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 10 contracts
Samples: Equity Distribution Agreement (American Virtual Cloud Technologies, Inc.), Equity Distribution Agreement (Atomera Inc), Underwriting Agreement (Northern Oil & Gas, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 10 contracts
Samples: Underwriting Agreement (Flagstar Bancorp Inc), Underwriting Agreement (Waste Connections, Inc.), Underwriting Agreement (Waste Connections, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans, to the extent such provisions and rules and regulations are applicable.
Appears in 10 contracts
Samples: Underwriting Agreement (Jackson Acquisition Co II), Underwriting Agreement (Jackson Acquisition Co II), Underwriting Agreement (Jackson Acquisition Co II)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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 therewithAct, including Section 402 related to loans.
Appears in 9 contracts
Samples: Underwriting Agreement (Sunnova Energy International Inc.), Purchase Agreement (Sunnova Energy International Inc.), Purchase Agreement (Sunnova Energy International Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 9 contracts
Samples: Underwriting Agreement (Kythera Biopharmaceuticals Inc), Underwriting Agreement (Imprivata Inc), Underwriting Agreement (Agios Pharmaceuticals Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 8 contracts
Samples: Open Market Sale Agreement (Kala Pharmaceuticals, Inc.), Underwriting Agreement (Kala Pharmaceuticals, Inc.), Underwriting Agreement (Kala Pharmaceuticals, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, 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, including including, without limitation, Section 402 related relating to loans.
Appears in 8 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (T2 Biosystems, Inc.), Securities Purchase Agreement (Ardelyx, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Samples: Underwriting Agreement (X4 Pharmaceuticals, Inc), Underwriting Agreement (Clearfield, Inc.), Underwriting Agreement (G1 Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 7 contracts
Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Mersana Therapeutics, Inc.), Underwriting Agreement (Braeburn Pharmaceuticals, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Samples: Underwriting Agreement (Synovus Financial Corp), Underwriting Agreement (RBB Bancorp), Underwriting Agreement (Southern National Bancorp of Virginia Inc)
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, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 7 contracts
Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (HW Electro Co., Ltd.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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 provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loansthereunder.
Appears in 7 contracts
Samples: Sales Contracts (Tellurian Inc. /De/), Underwriting Agreement (Adlai Nortye Ltd.), Distribution Agreement (Tellurian Inc. /De/)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Samples: Underwriting Agreement (Intra-Cellular Therapies, Inc.), Purchase Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Teladoc, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 6 contracts
Samples: Underwriting Agreement (Presidio, Inc.), Underwriting Agreement (Presidio, Inc.), Underwriting Agreement (Presidio, 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’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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 6 contracts
Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 6 contracts
Samples: Underwriting Agreement (Karat Packaging Inc.), Underwriting Agreement (Cyteir Therapeutics, Inc.), Underwriting Agreement (Solid Biosciences Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans, to the extent compliance is required as of the date of the Agreement.
Appears in 6 contracts
Samples: Underwriting Agreement (Ceridian HCM Holding Inc.), Underwriting Agreement (Ceridian HCM Holding Inc.), Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 6 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, or any of the Company’s directors or officers, in their capacities as such, officers to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related relating to loans.
Appears in 6 contracts
Samples: Underwriting Agreement (Medpace Holdings, Inc.), Underwriting Agreement (Medpace Holdings, Inc.), Underwriting Agreement (Medpace Holdings, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) applicable to the Company as of the date the Company became subject to such provisions, including Section 402 related to loans.
Appears in 5 contracts
Samples: Underwriting Agreement (BioNTech SE), Underwriting Agreement (BioNTech SE), Sales Agreement (BioNTech SE)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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, including Section 402 related therewith that are applicable to loansthe Company and its subsidiaries.
Appears in 5 contracts
Samples: Underwriting Agreement (Homebanc Corp), Underwriting Agreement (Homebanc Corp), Underwriting Agreement (Homebanc Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewithAct, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (PDC Energy, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 5 contracts
Samples: Underwriting Agreement (Nevro Corp), Underwriting Agreement (Nevro Corp), Underwriting Agreement (Nevro 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’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any the applicable provision provisions of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Purchase Agreement (United States Steel Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Sales Agreement (Zafgen, Inc.), Underwriting Agreement (Zafgen, Inc.), Underwriting Agreement (Zafgen, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Wolfspeed, Inc.), Underwriting Agreement (Ralph Lauren Corp), Underwriting Agreement (Ralph Lauren Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 5 contracts
Samples: Sales Agreement (Conformis Inc), Underwriting Agreement (Kala Pharmaceuticals, Inc.), Underwriting Agreement (ConforMIS Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 Sarbanes Oxley Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Underwriting Agreement (Fleetcor Technologies Inc), Underwriting Agreement (Fleetcor Technologies Inc), Underwriting Agreement (Fleetcor Technologies Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans, to the extent compliance is required as of the date of the Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement (Black Knight, Inc.), Underwriting Agreement (Black Knight, Inc.), Underwriting Agreement (Black Knight, 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 therewithAct, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Underwriting Agreement (Erasca, Inc.), Underwriting Agreement (Erasca, Inc.), Sales Agreement (Immunome Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the any applicable rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Nine Energy Service, Inc.), Purchase Agreement (Callon Petroleum Co), Purchase Agreement (Callon Petroleum Co)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company ornor, to the knowledge of the Company, any 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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including including, without limitation, Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (GoldMining Inc.), Equity Distribution Agreement (GoldMining Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the U.S. Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Tronox Holdings PLC), Underwriting Agreement (Exxaro Resources LTD), Underwriting Agreement (Tronox LTD)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of 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 Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Purchase Agreement (Microchip Technology Inc), Purchase Agreement (Microchip Technology Inc), Purchase Agreement (Microchip Technology Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith applicable to the Company or such officers or directors as of the date hereof, including Section 402 related to loans.
Appears in 4 contracts
Samples: Common Stock Sales Agreement (Avidity Biosciences, Inc.), Sales Agreement (Avidity Biosciences, Inc.), Sales Agreement (Avidity Biosciences, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Madison Square Garden Entertainment Corp.), Underwriting Agreement (Madison Square Garden Entertainment Corp.), Underwriting Agreement (Madison Square Garden Entertainment Corp.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Starwood Hotel & Resorts Worldwide, Inc), Underwriting Agreement (Starwood Hotel & Resorts Worldwide Inc), Underwriting Agreement (Starwood Hotel & Resorts Worldwide Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Graftech International LTD), Underwriting Agreement (Graftech International LTD)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.), Open Market Sale Agreement (Akero Therapeutics, Inc.), Underwriting Agreement (Cubic Corp /De/)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or executive 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (GDS Holdings LTD), Underwriting Agreement (GDS Holdings LTD), Underwriting Agreement (GDS Holdings LTD)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, or any member of the Company’s directors Supervisory Board or officersManagement Board, 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, including Section 402 related to loans.
Appears in 4 contracts
Samples: Placement Agent Agreement (Voxeljet AG), Placement Agent Agreement (Voxeljet AG), Placement Agent Agreement (Voxeljet AG)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company's knowledge, any of the Company’s '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, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (Oge Energy Corp.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, or any member of the Company’s directors or Board of Directors and 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, including Section 402 related to loans.
Appears in 4 contracts
Samples: Underwriting Agreement (Materialise Nv), Underwriting Agreement (TiGenix NV), Underwriting Agreement (Materialise Nv)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, or to the knowledge of the Company, on the part of 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 therewithAct, including without limitation Section 402 related to loans.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Neurogen Corp), Placement Agency Agreement (Neurogen Corp), Securities Purchase Agreement (Warburg Pincus Private Equity Viii L P)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 4 contracts
Samples: Underwriting Agreement (Ubiquiti Networks, Inc.), Underwriting Agreement (Audience Inc), Underwriting Agreement (Ubiquiti Networks, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Seer, Inc.), Underwriting Agreement (Seer, Inc.), Underwriting Agreement (Altair Engineering Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) applicable to the Company, including Section 402 related to loans.
Appears in 3 contracts
Samples: Underwriting Agreement (SodaStream International Ltd.), Underwriting Agreement (SodaStream International Ltd.), Underwriting Agreement (SodaStream International Ltd.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Purchase Agreement (PDC Energy, Inc.), Purchase Agreement (PDC Energy, Inc.), Purchase Agreement (PDC Energy, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Spark Therapeutics, Inc.), Underwriting Agreement (Spark Therapeutics, Inc.), Underwriting Agreement (Spark Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans, to the extent compliance is required as of the date of the Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Ceridian HCM Holding Inc.), Underwriting Agreement (Ceridian HCM Holding Inc.), Underwriting Agreement (Ceridian HCM Holding Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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, including Section 402 related to loans.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Aligos Therapeutics, Inc.), Open Market Sale Agreement (IDEAYA Biosciences, Inc.), Open Market Sale Agreement (IDEAYA Biosciences, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or any of its Subsidiaries or, to the knowledge of the Company’s Knowledge, any of the Company’s directors their officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) then applicable to the Company or any of its Subsidiaries, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Alector, Inc.), Sales Agreement (Alector, Inc.), Sales Agreement (AN2 Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 3 contracts
Samples: Underwriting Agreement (Ocean Biomedical, Inc.), Underwriting Agreement (Ocean Biomedical, Inc.), Underwriting Agreement (Ocean Biomedical, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, and any of the Company’s directors or officers, 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, including including, without limitation, Section 402 related relating to loans.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Molecular Templates, Inc.), Stock Purchase Agreement (Threshold Pharmaceuticals Inc), Securities Purchase Agreement (Threshold Pharmaceuticals Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the CompanyCompany after due inquiry, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Sales Agreement (iTeos Therapeutics, Inc.), Underwriting Agreement (Landos Biopharma, Inc.), Underwriting Agreement (iTeos Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), applicable as of the effective date of the Registration Statement, including Section 402 related to loans.
Appears in 3 contracts
Samples: Underwriting Agreement (Oric Pharmaceuticals, Inc.), Underwriting Agreement (Oric Pharmaceuticals, Inc.), Underwriting Agreement (Peloton Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the CompanyCompany and the Guarantors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Central Garden & Pet Co), Underwriting Agreement (Central Garden & Pet Co), Purchase Agreement (Petroquest Energy Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable rules and regulations promulgated in connection therewith, including Section 402 related to loanstherewith (the “Xxxxxxxx-Xxxxx Act”).
Appears in 3 contracts
Samples: Underwriting Agreement (Surgical Care Affiliates, Inc.), Underwriting Agreement (Surgical Care Affiliates, Inc.), Underwriting Agreement (Green Dot Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Purchase Agreement (U.S. Concrete, Inc.), Purchase Agreement (Us Concrete Inc), Purchase Agreement (Us Concrete Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or the Subsidiaries or, to the knowledge of the Company, any of the Company’s directors officers or officersdirectors, 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 therewithAct, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Underwriting Agreement (Raptor Pharmaceutical Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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 therewithAct, including Section 402 related to loans.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SMART Global Holdings, Inc.), Securities Purchase Agreement (SK Ecoplant Co., Ltd.), Securities Purchase Agreement (Bloom Energy Corp)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 the provisions of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Samples: Underwriting Agreement (Lennox International Inc), Underwriting Agreement (Lennox International Inc), Underwriting Agreement (Lennox International 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 CompanyCompany 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, including Section 402 related to loans.
Appears in 3 contracts
Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no material failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), that are applicable to the Company as of the date hereof, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Constellation Pharmaceuticals Inc), Underwriting Agreement (Constellation Pharmaceuticals Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansthe extent compliance is required as of the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (King Digital Entertainment PLC), Underwriting Agreement (Model N, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply comply, in all material respects, with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (SXC Health Solutions Corp.), Underwriting Agreement (SXC Health Solutions Corp.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (Nurix Therapeutics, Inc.), Underwriting Agreement (Passage BIO, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans, to the extent compliance is required as of the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Coherus BioSciences, Inc.), Underwriting Agreement (Coherus BioSciences, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 the applicable provision provisions of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 related to loans.
Appears in 2 contracts
Samples: Solicitation Agent Agreement (Genius Sports LTD), Solicitation Agent Agreement (Genius Sports LTD)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Griffon Corp), Underwriting Agreement (Golden Entertainment, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the 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 Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including including, without limitation, Section 402 related relating to loans.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aimmune Therapeutics, Inc.), Securities Purchase Agreement (Aimmune Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Nurix Therapeutics, Inc.), Underwriting Agreement (Nurix Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), with which the Company is required to comply, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Day One Biopharmaceuticals, Inc.), Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Protara Therapeutics, Inc.), Underwriting Agreement (Protara Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Bank of the Ozarks Inc), Underwriting Agreement (Bank of the Ozarks Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge 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, including Section 402 related applicable to loansthe Company and its subsidiaries.
Appears in 2 contracts
Samples: Underwriting Agreement (InflaRx N.V.), Underwriting Agreement (InflaRx N.V.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewiththerewith applicable as of or prior to the date hereof, including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (Teads S.A.), Underwriting Agreement (Altice USA, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s its directors or and officers, in their capacities capacity 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, therewith (the “Xxxxxxxx-Xxxxx Act”) including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (Approach Resources Inc), Underwriting Agreement (Approach Resources Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the any applicable rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (Forum Energy Technologies, Inc.), Underwriting Agreement (Forum Energy Technologies, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the CompanyCompany or JEH LLC, 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, including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (Jones Energy, Inc.), Underwriting Agreement (Jones Energy, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) then applicable to the Company, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (AN2 Therapeutics, Inc.), Underwriting Agreement (AN2 Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related therewith (the “Xxxxxxxx-Xxxxx Act”) applicable to loansthe Company as of the date hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Azul Sa), Underwriting and Placement Agreement (Azul Sa)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, 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, including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Underwriting Agreement (Cardiff Oncology, Inc.), Underwriting Agreement (Praxis Precision Medicines, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (HilleVax, Inc.), At the Market Equity Offering Sales Agreement (HilleVax, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the 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 applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related therewith that are applicable to loansthe Company or its directors or officers in their capacities as directors or officers of the Company.
Appears in 2 contracts
Samples: Purchase Agreement (Aravive, Inc.), Equity Distribution Agreement (Xencor Inc)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, in all material respects, to comply with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loansloans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Samples: Purchase Agreement (Northern Oil & Gas, Inc.), Purchase Agreement (Northern Oil & Gas, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company company or, to the knowledge of the Company’s knowledge, any of the Company’s directors officers or officersdirectors, 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) to the extent applicable to the Company, including Section 402 related its officers or directors, prior to loansthe execution of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Greenlane Holdings, Inc.), Underwriting Agreement (Greenlane Holdings, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company orCompany, or to the Company’s knowledge 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.)
Xxxxxxxx-Xxxxx Act. There is and has been no failure on the part of the Company 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 therewiththerewith (the “Xxxxxxxx-Xxxxx Act”) applicable to the Company or any of the Company’s directors or officers, including Section 402 related to loans.
Appears in 2 contracts
Samples: Underwriting Agreement (RealD Inc.), Underwriting Agreement (RealD Inc.)
