REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. The Underwriter represents and warrants that:
REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. 5.1 Each of the Underwriter hereby, severally and not jointly, makes the following representations, warranties, declarations, covenants, undertakings and agreements to the Issuer as of the date of this Agreement that:
REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. The Underwriter represents and warrants to the Company that:
REPRESENTATIONS AND WARRANTIES BY THE UNDERWRITER. The Underwriter represents and warrants that: 2.3.1 It is registered as a broker dealer with the SEC under the 1934 Act, and is a member in good standing of the NASD. 2.3.2 Each investment adviser listed on Schedule C (each, an "Adviser") is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended, and any applicable state securities law. 2.4