Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 304 contracts
Sources: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Solaris Energy Infrastructure, Inc.), Underwriting Agreement (Black Hills Corp /Sd/)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 280 contracts
Sources: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (BKV Corp), Underwriting Agreement (BKV Corp)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 194 contracts
Sources: Underwriting Agreement (Fitness Champs Holdings LTD), Underwriting Agreement (Fitness Champs Holdings LTD), Underwriting Agreement (GenEmbryomics LTD)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 122 contracts
Sources: Underwriting Agreement (American Exceptionalism Acquisition Corp. A), Underwriting Agreement (American Exceptionalism Acquisition Corp. A), Underwriting Agreement (JENA ACQUISITION Corp II)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesUnits.
Appears in 102 contracts
Sources: Underwriting Agreement (Trailblazer Merger Corp I), Underwriting Agreement (Trailblazer Merger Corp I), Underwriting Agreement (PROTONIQ Acquisition Corp)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 89 contracts
Sources: Underwriting Agreement (Spire Inc), Equity Distribution Agreement (Velocity Financial, Inc.), Underwriting Agreement (SiriusPoint LTD)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 88 contracts
Sources: Underwriting Agreement (Fathom Holdings Inc.), Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Tecogen Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 73 contracts
Sources: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 60 contracts
Sources: Underwriting Agreement (Tyson Foods, Inc.), Underwriting Agreement (Ramaco Resources, Inc.), Underwriting Agreement (Analog Devices Inc)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 48 contracts
Sources: Underwriting Agreement (Aspirational Consumer Lifestyle Corp. II), Underwriting Agreement (JAWS Spitfire Acquisition Corp), Underwriting Agreement (AEA-Bridges Impact Corp.)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted or that would which might reasonably be expected to cause or result in in, or which has constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities, and has not effected any sales of Ordinary Shares which are required to be disclosed in response to Item 701 of Regulation S-K under the Securities Act which have not been so disclosed in the Registration Statement.
Appears in 47 contracts
Sources: Underwriting Agreement (MEDI Group LTD), Underwriting Agreement (POMDOCTOR LTD), Underwriting Agreement (Ultratrex Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would could reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 28 contracts
Sources: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)
Absence of Manipulation. The Company has not not, and to the Company’s Knowledge no one acting on its behalf has, taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Offered Securities.
Appears in 24 contracts
Sources: Securities Purchase Agreement (Investar Holding Corp), Upfront Securities Purchase Agreement (Firstsun Capital Bancorp), Securities Purchase Agreement (Citizens Community Bancorp Inc.)
Absence of Manipulation. The Company has not not, and to the knowledge of the Company no one acting on its behalf has, taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Offered SecuritiesPurchased Shares.
Appears in 23 contracts
Sources: Stock Purchase Agreement (FJ Capital Management LLC), Stock Purchase Agreement (Centrue Financial Corp), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 20 contracts
Sources: Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the 1934 Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 19 contracts
Sources: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 19 contracts
Sources: Underwriting Agreement (Evoqua Water Technologies Corp.), Underwriting Agreement (Evoqua Water Technologies Corp.), Underwriting Agreement (Spinal Elements Holdings, Inc.)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesPublic Units.
Appears in 18 contracts
Sources: Underwriting Agreement (Lakeshore Acquisition II Corp.), Underwriting Agreement (Lakeshore Acquisition II Corp.), Underwriting Agreement (Lakeshore Acquisition II Corp.)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 15 contracts
Sources: Equity Distribution Agreement (ACRES Commercial Realty Corp.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Absence of Manipulation. The None of the Company or any of its affiliates has not taken, or will take, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 15 contracts
Sources: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 15 contracts
Sources: Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to cause or result in, or that has constituted or that would might reasonably be expected to cause or result in constitute, the stabilization or manipulation of the price of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 14 contracts
Sources: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Absence of Manipulation. The Company has not not, and to the Company’s Knowledge no one acting on its behalf has, taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Offered SecuritiesShares.
Appears in 14 contracts
Sources: Stock Purchase Agreement (Southern States Bancshares, Inc.), Stock Purchase Agreement (Investar Holding Corp), Stock Purchase Agreement (Riverview Financial Corp)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 13 contracts
Sources: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust)
Absence of Manipulation. The Company has will not, and will cause its subsidiaries and affiliates not takento take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 12 contracts
Sources: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.)
Absence of Manipulation. The Company has not not, and to the Company’s Knowledge no one acting on its behalf has, taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Offered SecuritiesPurchased Shares.
Appears in 12 contracts
Sources: Stock Purchase Agreement (Tri-County Financial Group, Inc.), Securities Purchase Agreement (Northpointe Bancshares Inc), Securities Purchase Agreement (Northpointe Bancshares Inc)
Absence of Manipulation. The Company None of the Company, the Manager or their respective subsidiaries or affiliates has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 10 contracts
Sources: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 10 contracts
Sources: Underwriting Agreement (Soulgate Inc.), Underwriting Agreement (Zhangmen Education Inc.), Underwriting Agreement (Pinduoduo Inc.)
Absence of Manipulation. The Company has not taken, nor will the Company take, directly or indirectly, any action that which is designed to or that which has constituted or that which would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 9 contracts
Sources: Underwriting Agreement (Arqule Inc), Underwriting Agreement (Chelsea Therapeutics International, Ltd.), Underwriting Agreement (Cyclacel Pharmaceuticals, Inc.)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesNotes.
Appears in 9 contracts
Sources: Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.)
Absence of Manipulation. The Company has not taken, and will not take, directly or indirectly, any action that which is designed to or that which has constituted or that would which might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 8 contracts
Sources: Distribution Agreement (DiamondRock Hospitality Co), Distribution Agreement (DiamondRock Hospitality Co), Distribution Agreement (DiamondRock Hospitality Co)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities; provided, however, the Company makes no such representation or warranty with respect to actions of any Underwriters or any affiliates or agents of any Underwriters.
Appears in 8 contracts
Sources: Underwriting Agreement (Carvana Co.), Underwriting Agreement (DENNY'S Corp), Underwriting Agreement (Carvana Co.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities; provided that no representation is made with regard to the Underwriters.
Appears in 8 contracts
Sources: Underwriting Agreement (Neoleukin Therapeutics, Inc.), Underwriting Agreement (Xencor Inc), Underwriting Agreement (Neoleukin Therapeutics, Inc.)
Absence of Manipulation. The Company has not taken, nor will the Company take, directly or indirectly, any action that which is designed to designed, or that has constituted or that would reasonably be expected expected, to cause or result in in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 8 contracts
Sources: Underwriting Agreement (Rexnord Corp), Underwriting Agreement (Rexnord Corp), Underwriting Agreement (Rexnord Corp)
Absence of Manipulation. The Company has will not takentake, and will cause its subsidiaries and affiliates not to take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 8 contracts
Sources: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesUnits.
Appears in 8 contracts
Sources: Placement Agency Agreement (Nac Global Technologies, Inc.), Underwriting Agreement (GWG Life, LLC), Placement Agency Agreement (Pharmathene, Inc)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities; provided, however, that the Company makes no such representation or warranty with respect to the actions of any Underwriter or affiliate or agent of any Underwriter.
Appears in 8 contracts
Sources: Underwriting Agreement (Tracon Pharmaceuticals, Inc.), Underwriting Agreement (Tracon Pharmaceuticals, Inc.), Underwriting Agreement (Home Loan Servicing Solutions, Ltd.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any unlawful action that is designed to or that has constituted or that would might reasonably be expected to cause or result in the in, or that would constitute, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 7 contracts
Sources: Distribution Agreement (Tellurian Inc. /De/), Distribution Agreement (Tellurian Inc. /De/), Distribution Agreement (Tellurian Inc. /De/)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any unlawful action that is designed to or that has constituted or that would might reasonably be expected to cause or result in the in, or that would constitute, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 7 contracts
Sources: Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/), Underwriting Agreement (Tellurian Inc. /De/)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 7 contracts
Sources: Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (Builders FirstSource, Inc.), Underwriting Agreement (JLL Building Holdings, LLC)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities; provided, that no agreement is made in this subsection with respect to the actions of the Underwriters.
Appears in 6 contracts
Sources: Underwriting Agreement (Achaogen, Inc.), Underwriting Agreement (Corvus Pharmaceuticals, Inc.), Underwriting Agreement (Achaogen Inc)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities; provided, that no representation is made in this subsection with respect to the actions of the Underwriters.
Appears in 6 contracts
Sources: Underwriting Agreement (Achaogen, Inc.), Underwriting Agreement (Corvus Pharmaceuticals, Inc.), Underwriting Agreement (Achaogen Inc)
Absence of Manipulation. The Company has and its affiliates have not taken, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate in connection with the sale or resale offering of the Offered Securities.
Appears in 6 contracts
Sources: Underwriting Agreement (Virgin Trains USA LLC), Underwriting Agreement (Springleaf Holdings, Inc.), Underwriting Agreement (Fortress Investment Group LLC)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares. For the sake of clarity, actions by the Underwriters or member of the selling group or persons acting on any of their behalves will not constitute direct or indirect action by the Company for the purposes of this clause.
Appears in 6 contracts
Sources: Underwriting Agreement (Sow Good Inc.), Underwriting Agreement (Cariloha, Inc.), Underwriting Agreement (Lovesac Co)
Absence of Manipulation. The Company has and, to the Company’s knowledge, its affiliates have not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 6 contracts
Sources: Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (Brigham Minerals, Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 6 contracts
Sources: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities; provided, however, that no representation is made with regard to any actions of the Underwriters.
Appears in 6 contracts
Sources: Underwriting Agreement (Revance Therapeutics, Inc.), Underwriting Agreement (Revance Therapeutics, Inc.), Underwriting Agreement (Revance Therapeutics, Inc.)
Absence of Manipulation. The Company has not taken, taken directly or indirectly, any action that is designed to or that has constituted or that would which might reasonably be expected to cause or result in in, or which has constituted or which might reasonably be expected to constitute, the stabilization or manipulation of the price of the Common Stock or any security of the Company to facilitate the sale or resale of any of the Offered SecuritiesShares.
Appears in 6 contracts
Sources: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate Company, in each case for the purpose of facilitating the sale or resale of the Offered Securities.
Appears in 6 contracts
Sources: Underwriting Agreement (Analog Devices Inc), Underwriting Agreement (Analog Devices Inc), Underwriting Agreement (Analog Devices Inc)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities. (lll) Company Ownership of Other Entities. The Company does not own an interest in any corporation, partnership, limited liability company, joint venture, trust or other entity.
Appears in 5 contracts
Sources: Underwriting Agreement (Artius II Acquisition Inc.), Underwriting Agreement (Artius II Acquisition Inc.), Underwriting Agreement (Artius II Acquisition Inc.)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the securities of the Company to facilitate the sale or resale of the Offered Securities, provided however, that this paragraph shall not apply to any stabilization activities conducted by the Underwriters.
Appears in 5 contracts
Sources: Underwriting Agreement (PPG Industries Inc), Underwriting Agreement (PPG Industries Inc), Underwriting Agreement (PPG Industries Inc)
Absence of Manipulation. The Company has not not, and its subsidiaries has not, either alone or with one or more other persons, taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 5 contracts
Sources: Underwriting Agreement (Kosmos Energy Ltd.), Underwriting Agreement (Kosmos Energy Ltd.), Underwriting Agreement (Kosmos Energy Ltd.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities, provided however, that this paragraph shall not apply to any stabilization activities conducted by the Underwriters.
Appears in 5 contracts
Sources: Underwriting Agreement (PPG Industries Inc), Underwriting Agreement (PPG Industries Inc), Underwriting Agreement (PPG Industries Inc)
Absence of Manipulation. The Company has will not takentake, and will cause its subsidiaries not to take, directly or indirectly, any action that is designed to cause or result in, that has constituted constitutes or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 5 contracts
Sources: Distribution Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Firstmerit Corp /Oh/), Distribution Agency Agreement (Firstmerit Corp /Oh/)
Absence of Manipulation. The Company has and its subsidiaries have not takentaken nor will take, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 5 contracts
Sources: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities; provided, that no representation is made in this subsection with respect to the actions of the Underwriters.
Appears in 5 contracts
Sources: Underwriting Agreement (BIND Therapeutics, Inc), Underwriting Agreement (Trius Therapeutics Inc), Underwriting Agreement (Trius Therapeutics Inc)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted or that would which might reasonably be expected to cause or result in in, or which has constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities, and has not effected any sales of common stock which are required to be disclosed in response to Item 701 of Regulation S-K under the Securities Act which have not been so disclosed in the Registration Statement.
Appears in 5 contracts
Sources: Underwriting Agreement (JFB Construction Holdings), Underwriting Agreement (JFB Construction Holdings), Underwriting Agreement (Syra Health Corp)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 5 contracts
Sources: Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp), Underwriting Agreement (Black Hills Corp /Sd/)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesSecurities in violation of the Act.
Appears in 4 contracts
Sources: Underwriting Agreement (Emerald Oil, Inc.), Underwriting Agreement (Bonanza Creek Energy, Inc.), Underwriting Agreement (Standard Parking Corp)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 4 contracts
Sources: Equity Distribution Agreement (Idaho Power Co), Sales Agreement (TriplePoint Venture Growth BDC Corp.), Sales Agreement (TriplePoint Venture Growth BDC Corp.)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 4 contracts
Sources: Underwriting Agreement (AC Immune SA), Underwriting Agreement (ACM Research, Inc.), Underwriting Agreement (AC Immune SA)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities. (jjj) Company Ownership of Other Entities. The Company does not own an interest in any corporation, partnership, limited liability company, joint venture, trust or other entity.
Appears in 4 contracts
Sources: Underwriting Agreement (Health Assurance Acquisition Corp.), Underwriting Agreement (Health Assurance Acquisition Corp.), Underwriting Agreement (SC Health Corp)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the 1934 Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 4 contracts
Sources: At the Market Equity Distribution Agreement (TMC the Metals Co Inc.), At the Market Equity Distribution Agreement (W&t Offshore Inc), At the Market Equity Offering Sales Agreement (Reata Pharmaceuticals Inc)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares; provided, however, the Company makes no such representation or warranty with respect to actions of the Agents or any of their respective affiliates or agents.
Appears in 4 contracts
Sources: Distribution Agreement (Carvana Co.), Distribution Agreement (Carvana Co.), Distribution Agreement (Carvana Co.)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares; provided, that no representation is made in this subsection with respect to the actions of the Agent.
Appears in 4 contracts
Sources: Open Market Sale Agreement (Corvus Pharmaceuticals, Inc.), Open Market Sale Agreement (Corvus Pharmaceuticals, Inc.), Open Market Sale Agreement (Corvus Pharmaceuticals, Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesCompany.
Appears in 4 contracts
Sources: Placement Agent Agreement (XOMA Corp), Underwriting Agreement (XOMA Corp), Underwriting Agreement (XOMA Corp)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the any stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 4 contracts
Sources: Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Wengen Alberta, LP)
Absence of Manipulation. The Company has agrees not takento, and to cause the Controlled Entities not to, take, directly or indirectly, any action that is designed to or that has constituted or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Shares or the Offered Securities.
Appears in 4 contracts
Sources: Underwriting Agreement (Uxin LTD), Underwriting Agreement (Sogou Inc.), Underwriting Agreement (HUYA Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would is reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 4 contracts
Sources: Underwriting Agreement (MediWound Ltd.), Underwriting Agreement (MediWound Ltd.), Underwriting Agreement (MediWound Ltd.)
Absence of Manipulation. The Company has not taken, nor will the Company take, directly or indirectly, any action that is designed to cause or that result in, or which has constituted or that which would reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 4 contracts
Sources: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (DMC Global Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would could reasonably be expected to cause or result in the in, any stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 4 contracts
Sources: Underwriting Agreement (SRC Energy Inc.), Underwriting Agreement (SYNERGY RESOURCES Corp), Underwriting Agreement (Synergy Resources Corp)
Absence of Manipulation. The Company has not taken, nor will it take, directly or indirectly, any action that is designed to or that has constituted or that would might reasonably be expected to cause or result in in, or which has constituted or which might reasonably be expected to constitute, the stabilization or manipulation of the price of any security of the Company Company, to facilitate the sale or resale of any of the Offered Securities.
Appears in 4 contracts
Sources: Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Parkway Properties Inc)
Absence of Manipulation. The Company has and its affiliates have not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 4 contracts
Sources: Underwriting Agreement (Ramaco Resources, Inc.), Underwriting Agreement (Ramaco Resources, Inc.), Underwriting Agreement (Ramaco Resources, Inc.)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Public Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (Reebonz Holding LTD), Underwriting Agreement (Reebonz Holding LTD), Underwriting Agreement (BioNano Genomics, Inc)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the any stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 3 contracts
Sources: Equity Sales Agreement (W. P. Carey Inc.), Equity Sales Agreement (W. P. Carey Inc.), Equity Sales Agreement (W. P. Carey Inc.)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to cause or result in, or that has constituted or that would might reasonably be expected to cause or result in constitute, the stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesCompany.
Appears in 3 contracts
Sources: Underwriting Agreement (Trian Acquisition I Corp.), Underwriting Agreement (Trian Acquisition I Corp.), Underwriting Agreement (Trian Acquisition I Corp.)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the 1934 Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesNotes.
Appears in 3 contracts
Sources: Distribution Agreement (Jefferies Financial Group Inc.), Distribution Agreement (Jefferies Financial Group Inc.), Selling Agent Agreement (Jefferies Group Inc /De/)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the any stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (SYNERGY RESOURCES Corp), Underwriting Agreement (Synergy Resources Corp), Underwriting Agreement (Synergy Resources Corp)
Absence of Manipulation. The Company has will not takentake, and not cause each of its Controlled Entities to take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 3 contracts
Sources: Underwriting Agreement (Jianzhi Education Technology Group Co LTD), Underwriting Agreement (Jianzhi Education Technology Group Co LTD), Underwriting Agreement (Onion Global LTD)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities, except as disclosed in the General Disclosure Package and Final Prospectus.
Appears in 3 contracts
Sources: Underwriting Agreement (Mistras Group, Inc.), Underwriting Agreement (Mistras Group, Inc.), Underwriting Agreement (Mistras Group, Inc.)
Absence of Manipulation. The Neither the Company nor its affiliates has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (Quality Distribution Inc), Underwriting Agreement (Quality Distribution Inc), Underwriting Agreement (Quality Distribution Inc)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesSecurities under Rule 102 of Regulation M under the Act.
Appears in 3 contracts
Sources: Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co)
Absence of Manipulation. The Neither the Company has not takennor the Manager will take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (Ellington Residential Mortgage REIT), Underwriting Agreement (Ellington Residential Mortgage REIT), Underwriting Agreement (Ellington Financial LLC)
Absence of Manipulation. The Company has and its subsidiaries have not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC LLC)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesShares.
Appears in 3 contracts
Sources: Underwriting Agreement (Dynamics Special Purpose Corp.), Underwriting Agreement (Dynamics Special Purpose Corp.), Open Market Sale Agreement (Jefferies Financial Group Inc.)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that which is designed to designed, or that has constituted or that would reasonably be expected expected, to cause or result in in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesNotes.
Appears in 3 contracts
Sources: Underwriting Agreement (Trimble Inc.), Underwriting Agreement (Trimble Inc.), Underwriting Agreement (Trimble Navigation LTD /Ca/)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesSecurities in violation of the 1933 Act.
Appears in 3 contracts
Sources: Underwriting Agreement (Bonanza Creek Energy, Inc.), Underwriting Agreement (Bonanza Creek Energy, Inc.), Purchase Agreement (Bonanza Creek Energy, Inc.)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securitiesany Shares.
Appears in 3 contracts
Sources: Equity Distribution Agreement (Black Hills Corp /Sd/), Equity Distribution Sales Agreement (Black Hills Corp /Sd/), Equity Distribution Sales Agreement (Black Hills Corp /Sd/)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate Trust in connection with the sale or resale offering of the Offered Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)
Absence of Manipulation. The Company has and its affiliates (other than the Selling Stockholder) have not taken, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate in connection with the sale or resale offering of the Offered Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Absence of Manipulation. The Company has not not, and to the knowledge of the Company no one acting on its behalf has, taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or to result in the stabilization or manipulation of the price of any security Security of the Company to facilitate the sale or resale of any of the Offered SecuritiesPurchased Shares.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Summit Financial Group Inc), Securities Purchase Agreement (MBT Financial Corp), Securities Purchase Agreement (MBT Financial Corp)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the any stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 3 contracts
Sources: Equity Distribution Agreement (Cree, Inc.), Purchase Agreement (Cathay General Bancorp), Purchase Agreement (Cathay General Bancorp)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted or that would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered SecuritiesPlacement Shares.
Appears in 3 contracts
Sources: At the Market Equity Offering Sales Agreement (Safe Bulkers, Inc.), At the Market Equity Offering Sales Agreement (Tsakos Energy Navigation LTD), At the Market Equity Offering Sales Agreement (Tsakos Energy Navigation LTD)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered Securities; provided that no representation is made in this Section with respect to the Underwriters.
Appears in 3 contracts
Sources: Underwriting Agreement (AC Immune SA), Underwriting Agreement (AC Immune SA), Underwriting Agreement (AC Immune SA)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that which is designed to or that which has constituted or that which would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 3 contracts
Sources: Underwriting Agreement (Nupathe Inc.), Underwriting Agreement (Ventrus Biosciences Inc), Underwriting Agreement (Ventrus Biosciences Inc)
Absence of Manipulation. The Company has not taken, directly or indirectly, any action that is designed to or that has constituted to, or that would reasonably be expected to cause or result in in, the stabilization or manipulation of the price or value of any security of the Company to facilitate the offer and sale or resale of the Offered SecuritiesShares. For the sake of clarity, actions by the Underwriters or persons acting on any of their behalf shall not constitute direct or indirect action by the Company for the purposes of this clause.
Appears in 3 contracts
Sources: Underwriting Agreement (Fatpipe Inc/Ut), Underwriting Agreement (Fatpipe Inc/Ut), Underwriting Agreement (Fatpipe Inc/Ut)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted would constitute or that would might reasonably be expected to cause or result in the in, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the Offered SecuritiesSecurities under Rule 102 of Regulation M under the Act.
Appears in 3 contracts
Sources: Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co), Underwriting Agreement (Brigham Exploration Co)
Absence of Manipulation. The Company has not takentaken and will not take, directly or indirectly, any action that is designed to or that has constituted or that would could reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities.
Appears in 2 contracts
Sources: Underwriting Agreement (Gray Television Inc), Underwriting Agreement (Gray Television Inc)
Absence of Manipulation. The Company has not taken, nor will it take, directly or indirectly, any action that is designed to or that has constituted or that would which might reasonably be expected to cause or result in in, or which has constituted or which might reasonably be expected to constitute, the stabilization or manipulation of the price of the Common Stock or any security of the Company to facilitate the sale or resale of any of the Offered Securities.
Appears in 2 contracts
Sources: Underwriting Agreement (Mannkind Corp), Convertible Senior Notes Purchase Agreement (Mannkind Corp)
Absence of Manipulation. The Company has will not takentake, directly or indirectly, any action that is designed to or that has constituted or that would might reasonably be expected to to, cause or result in the stabilization or manipulation of the price of any security securities of the Company Company, including the Offered Securities, except that no representation, warranty or agreement is made with respect to or in connection with any action taken by or on behalf of any Underwriter or any affiliate of any of them or any of their partners, members, directors, officers, employees or agents to facilitate the sale or resale of the Offered Securities.
Appears in 2 contracts
Sources: Underwriting Agreement (Qimonda AG), Underwriting Agreement (Qimonda AG)