Common use of Xxxxxxxx-Xxxxx Xxx Clause in Contracts

Xxxxxxxx-Xxxxx Xxx. 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 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 (Regency Centers Corp), Underwriting Agreement (Qualys, Inc.), Underwriting Agreement (Flagstar Bancorp Inc)

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Xxxxxxxx-Xxxxx Xxx. 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 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 (Tru Shrimp Companies, Inc.), Underwriting Agreement (Paycor Hcm, Inc.), Underwriting Agreement (Sovos Brands, Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 2 contracts

Samples: Underwriting Agreement (Kaleido Biosciences, Inc.), Underwriting Agreement (Kaleido Biosciences, Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 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 2 contracts

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

Xxxxxxxx-Xxxxx Xxx. 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 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 2 contracts

Samples: Placement Agency Agreement (Nac Global Technologies, Inc.), Placement Agency Agreement (Nac Global Technologies, Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 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 2 contracts

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

Xxxxxxxx-Xxxxx Xxx. 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 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 2 contracts

Samples: Underwriting Agreement (Molecular Templates, Inc.), Underwriting Agreement (Alliqua BioMedical, Inc.)

Xxxxxxxx-Xxxxx Xxx. 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, 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 2 contracts

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

Xxxxxxxx-Xxxxx Xxx. 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 (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Fox Factory Holding Corp)

Xxxxxxxx-Xxxxx Xxx. 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 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 loans, to certificationsthe extent compliance is required as of the date of the Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Xxxxxxxx-Xxxxx Xxx. There is and has been no failure in any material respect 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 provision of the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended 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 1 contract

Samples: Underwriting Agreement (Five Prime Therapeutics Inc)

Xxxxxxxx-Xxxxx Xxx. 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 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 1 contract

Samples: Underwriting Agreement (Agios Pharmaceuticals Inc)

Xxxxxxxx-Xxxxx Xxx. 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 therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Purchase Agreement (Verigy Ltd.)

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

Appears in 1 contract

Samples: Underwriting Agreement (Globant S.A.)

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

Appears in 1 contract

Samples: Underwriting Agreement (Century Therapeutics, Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 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 1 contract

Samples: Underwriting Agreement (Central Garden & Pet Co)

Xxxxxxxx-Xxxxx Xxx. 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 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 certificationsthereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tellurian Inc. /De/)

Xxxxxxxx-Xxxxx Xxx. 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 (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Monte Rosa Therapeutics, Inc.)

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Xxxxxxxx-Xxxxx Xxx. 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 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 1 contract

Samples: Underwriting Agreement (Mersana Therapeutics, Inc.)

Xxxxxxxx-Xxxxx Xxx. There is and has been no material 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 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 1 contract

Samples: Underwriting Agreement (Columbus McKinnon Corp)

Xxxxxxxx-Xxxxx Xxx. 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 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 1 contract

Samples: Underwriting Agreement (ONE Gas, Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Underwriting Agreement (Nine Energy Service, Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 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 1 contract

Samples: Equity Distribution Agreement (Immersion Corp)

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

Appears in 1 contract

Samples: Underwriting Agreement (Altair Engineering Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

Appears in 1 contract

Samples: Underwriting Agreement (Green Dot Corp)

Xxxxxxxx-Xxxxx Xxx. 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 (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.

Appears in 1 contract

Samples: Underwriting Agreement (Vizio Holding Corp.)

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

Appears in 1 contract

Samples: Underwriting Agreement (Jarden Corp)

Xxxxxxxx-Xxxxx Xxx. 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 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 1 contract

Samples: Underwriting Agreement (Rosetta Resources Inc.)

Xxxxxxxx-Xxxxx Xxx. 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 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 1 contract

Samples: Dealer Manager Agreement (Hutchinson Technology Inc)

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