Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.
Appears in 13 contracts
Sources: Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Representative and the Company contained in Section 8 5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 11 contracts
Sources: Underwriting Agreement (ECOLOMONDO Corp INC.), Underwriting Agreement (Medovex Corp.), Underwriting Agreement (Medovex Corp.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 9 contracts
Sources: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personspersons thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 9 contracts
Sources: Purchase Agreement (Aveo Pharmaceuticals Inc), Underwriting Agreement (Inovio Pharmaceuticals, Inc.), Purchase Agreement (Aveo Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 5(a)(vii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriter hereunder.
Appears in 9 contracts
Sources: Underwriting Agreement (Graymark Healthcare, Inc.), Underwriting Agreement (Lpath, Inc), Underwriting Agreement (Imax Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities.
Appears in 8 contracts
Sources: Underwriting Agreement (Piedmont Natural Gas Co Inc), Underwriting Agreement (Travelers Group Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personspersons thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 8 contracts
Sources: Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Acelrx Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 8 contracts
Sources: Purchase Agreement (Hoku Scientific Inc), Purchase Agreement (Marchex Inc), Purchase Agreement (Marchex Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 6 contracts
Sources: Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (ENDRA Life Sciences Inc.), Purchase Agreement (Liqtech International Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof4A hereto and the indemnity and contribution agreements contained in Section 6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any of its directors, officers, agents, affiliates or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Bonds to the Underwriters hereunder.
Appears in 6 contracts
Sources: Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 6(a)(vii) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriter hereunder.
Appears in 5 contracts
Sources: Underwriting Agreement (Grand Farm Inc.), Underwriting Agreement (Emerald Acquisition CORP), Underwriting Agreement (Kingtone Wirelessinfo Solution Holding LTD)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 5 contracts
Sources: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (BioPharmX Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 5 contracts
Sources: Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Mast Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants of the Company REIT and the Operating Partnership herein or in certificates delivered pursuant hereto, hereto and the agreements of the Underwriters contained in Section 8 hereof, herein shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company REIT or the Operating Partnership or any of their its officers, directorstrustees, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.
Appears in 5 contracts
Sources: Underwriting Agreement (Amb Property Lp), Underwriting Agreement (Amb Property Corp), Underwriting Agreement (Amb Property Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the agreements of the Underwriters contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 5 contracts
Sources: Underwriting Agreement, Underwriting Agreement (AMERI Holdings, Inc.), Underwriting Agreement (AMERI Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities, and Warrants, if any.
Appears in 4 contracts
Sources: Underwriting Agreement (Associates First Capital Corp), Underwriting Agreement (Associates Corporation of North America), Underwriting Agreement (Associates Corporation of North America)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 4 contracts
Sources: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 4 contracts
Sources: Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Aurinia Pharmaceuticals Inc.), Underwriting Agreement (Oncolytics Biotech Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 4 contracts
Sources: Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, Inc.), Underwriting Agreement (ViewRay, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriter hereunder.
Appears in 4 contracts
Sources: Purchase Agreement (Vertex Energy Inc.), Purchase Agreement (EnteroMedics Inc), Purchase Agreement (EnteroMedics Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter, and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 3 contracts
Sources: Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.), Purchase Agreement (Venaxis, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Public Securities to and by the Underwriters hereunder.
Appears in 3 contracts
Sources: Underwriting Agreement (Belite Bio, Inc), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.), Underwriting Agreement (BiondVax Pharmaceuticals Ltd.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 5(a)(viii) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or Company, any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunderand the Representative Warrants.
Appears in 3 contracts
Sources: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (TEN Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership or its officers set forth herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personscontrol person thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling control persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 3 contracts
Sources: Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc), Underwriting Agreement (Acelrx Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 3 contracts
Sources: Purchase Agreement (Novavax Inc), Purchase Agreement (Integramed America Inc), Purchase Agreement (Integramed America Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 3 contracts
Sources: Underwriting Agreement (Baudax Bio, Inc.), Purchase Agreement (Repro Med Systems Inc), Underwriting Agreement (Baudax Bio, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 3 contracts
Sources: Purchase Agreement (Cutera Inc), Purchase Agreement (S&W Seed Co), Purchase Agreement (Endologix Inc /De/)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares ADSs to and by the Underwriters hereunder.
Appears in 3 contracts
Sources: Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG), Underwriting Agreement (Biofrontera AG)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 3 contracts
Sources: Underwriting Agreement (Sunshine Heart, Inc.), Purchase Agreement (Trans1 Inc), Purchase Agreement (Wonder Auto Technology, Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 3 contracts
Sources: Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.), Purchase Agreement (Electromed, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriters' agreements of the Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 3 contracts
Sources: Underwriting Agreement (Eastgroup Properties Inc), Underwriting Agreement (Cousins Properties Inc), Underwriting Agreement (Eastgroup Properties Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 Sections 7 and 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 3 contracts
Sources: Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (MultiSensor AI Holdings, Inc.), Underwriting Agreement (MultiSensor AI Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of the Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunder.
Appears in 3 contracts
Sources: Underwriting Agreement (Aspen Group, Inc.), Underwriting Agreement (Revolution Lighting Technologies, Inc.), Underwriting Agreement (Revolution Lighting Technologies, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 3 contracts
Sources: Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.), Purchase Agreement (CymaBay Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereofUnderwriter herein, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Purchase Agreement (TearLab Corp), Purchase Agreement (TearLab Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any such Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Purchase Agreement (Bacterin International Holdings, Inc.), Purchase Agreement (Uni-Pixel)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities, and the Warrants, if any.
Appears in 2 contracts
Sources: Underwriting Agreement (Associates First Capital Corp), Underwriting Agreement (Associates First Capital Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the several Underwriters and the agreements of the Underwriters Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Connexa Sports Technologies Inc.), Underwriting Agreement (Duos Technologies Group, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Purchase Agreement (Hansen Medical Inc), Purchase Agreement (Dexcom Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership Underwriter herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the agreements of the Underwriters Underwriter contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Immucell Corp /De/), Underwriting Agreement (Immucell Corp /De/)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Vivos Therapeutics, Inc.), Underwriting Agreement (Vivos Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of the Underwriters and the Company contained in Section 5(i) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (PowerFleet, Inc.), Underwriting Agreement (Aspen Group, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Purchase Agreement (Progenity, Inc.), Purchase Agreement (Progenity, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of R▇▇▇ and the Underwriters Company contained in Section 8 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter R▇▇▇ or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by R▇▇▇ hereunder.
Appears in 2 contracts
Sources: Equity Distribution Agreement (xG TECHNOLOGY, INC.), Equity Distribution Agreement (Genvec Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company contained in Section 6 hereof, and the agreements of the Underwriters contained in Section 8 hereofUnderwriter, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Purchase Agreement (Netlist Inc), Purchase Agreement (Netlist Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directorstrustees, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Gables Residential Trust), Underwriting Agreement (Camden Property Trust)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Notes to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Purchase Agreement (Commercial Federal Corp), Purchase Agreement (Commercial Federal Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Oragenics Inc), Underwriting Agreement (Mohawk Group Holdings, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants of the Company REIT and the Operating Partnership herein or in certificates delivered pursuant hereto, hereto and the agreements of the Underwriters contained in Section 8 hereof, herein shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company REIT or the Operating Partnership or any of their its officers, directorstrustees, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Amb Property Lp), Underwriting Agreement (Amb Property Lp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 5(i) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Torchlight Energy Resources Inc), Underwriting Agreement (Torchlight Energy Resources Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Optimer Pharmaceuticals Inc), Purchase Agreement (Bio Vascular Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 7 and Section 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Rimini Street, Inc.), Underwriting Agreement (EGAIN Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 4 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Inuvo, Inc.), Underwriting Agreement (Inuvo, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of ▇▇▇▇ and the Underwriters Company contained in the second to last sentence of Section 1, Section 6(h) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter ▇▇▇▇ or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by ▇▇▇▇ hereunder.
Appears in 2 contracts
Sources: Placement Agency Agreement (China Ritar Power Corp.), Placement Agency Agreement (Rentech Inc /Co/)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Avalon Properties Inc), Underwriting Agreement (Avalon Properties Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 9 and Section 11 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (TFF Pharmaceuticals, Inc.), Underwriting Agreement (Rimini Street, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters and the Company contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their respective officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (MoSys, Inc.), Underwriting Agreement (MoSys, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, person thereof or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Uroplasty Inc), Underwriting Agreement (Uroplasty Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereofherein, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Top Image Systems LTD), Underwriting Agreement (TearLab Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Purchase Agreement (Research Frontiers Inc), Purchase Agreement (Research Frontiers Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Purchase Agreement (CONTRAFECT Corp), Purchase Agreement
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Wave Systems Corp), Underwriting Agreement (Quicklogic Corporation)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Catalyst Biosciences, Inc.), Purchase Agreement (Aravive, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunderSecurities.
Appears in 2 contracts
Sources: Underwriting Agreement (Ameriprise Financial Inc), Underwriting Agreement (American Express Credit Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, agreements representations and covenants of the Company and the Partnership herein warranties by any party hereto or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Iggys House, Inc.), Underwriting Agreement (Iggys House, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters Underwriter and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares ADSs to and by the Underwriter hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Quicklogic Corporation), Underwriting Agreement (Quicklogic Corporation)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of the Underwriters and the Company contained in Section 8 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriters’ agreements of the Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriter's agreements of the Underwriters contained in Section 8 SECTION 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, directors and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Sources: Underwriting Agreement (China SLP Filtration Technology, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership several Underwriters herein or in certificates delivered pursuant hereto, including but not limited to the agreement of the Company and the agreements of the several Underwriters contained in Section 8 hereof6, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Sources: Purchase Agreement (Celcuity Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personspersons thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Sources: Purchase Agreement (Cryolife Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriter hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters several Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Shares and Warrants to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons, or any of their respective controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriter hereunder.
Appears in 1 contract
Sources: Purchase Agreement (Magnegas Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriters, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Foxhollow Technologies, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriter and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personspersons thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and including, but not limited to, the agreements of the several Underwriters and the Company contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the several Underwriters or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by the Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters Underwriters'agreements contained in Section 8 0 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the ADSs to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Sources: Purchase Agreement (Edap TMS Sa)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Underwriter, the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of ▇▇▇▇ and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of ▇▇▇▇ and the Underwriters Company contained in Section 1, Section 6(h) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter ▇▇▇▇ or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by ▇▇▇▇ hereunder.
Appears in 1 contract
Sources: Placement Agency Agreement (U.S. Auto Parts Network, Inc.)
Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters several Underwriters, the Company and its subsidiaries contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Matrix Capital Corp /Co/)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, agreements and covenants covenants, of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling persons, or the Company or the Partnership or any of their officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.its
Appears in 1 contract
Sources: Underwriting Agreement (Bay Apartment Communities Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
Appears in 1 contract
Sources: Underwriting Agreement (TCP International Holdings Ltd.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) delivery of, and payment for, the Securities to and by the several Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant heretohereto including, and but not limited to, the agreements of ▇▇▇▇ and the Underwriters Company contained in Section 8 1, Section 7(h) and Section 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter ▇▇▇▇ or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares hereunder.
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Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriter's agreements of the Underwriters contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares Securities hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares Securities to and by the Underwriters hereunder.
Appears in 1 contract
Sources: Purchase Agreement (Therasense Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership contained herein or in certificates delivered pursuant hereto, and the Underwriter's agreements of the Underwriters contained in Section 8 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares hereunder.
Appears in 1 contract
Sources: Underwriting Agreement (Cornerstone Realty Income Trust Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the several Underwriters and the Company contained in Section 8 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personsperson thereof, or the Company or the Partnership or any of their its officers, directors, or controlling persons or any controlling personsperson thereof, and shall survive (i) delivery of, and payment for, the Securities to and by the Underwriters hereunder and any termination of this Agreement and (ii) delivery of and payment for the Shares hereunderAgreement.
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Representations and Agreements to Survive Delivery. All representations, warranties, and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and including but not limited to the agreements of the Underwriters Company contained in Section 8 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter Evercore or any controlling persons, or the Company or the Partnership or any of their officers, directors, or any controlling personsperson thereof, and shall survive (i) termination of this Agreement and (ii) delivery of of, and payment for for, the Shares to and by Evercore hereunder.
Appears in 1 contract
Sources: Equity Distribution Agreement (Ion Geophysical Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements and covenants of the Company and the Partnership herein or in certificates delivered pursuant hereto, and the agreements of the Underwriters contained in Section 8 hereof4A hereto and the indemnity and contribution agreements contained in Section 6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any of its directors, officers, affiliates, agents or any controlling persons, or the Company or the Partnership or any of their its officers, directors, directors or any controlling persons, persons and shall survive (i) termination of this Agreement and (ii) delivery of and payment for the Shares to the Underwriters hereunder.
Appears in 1 contract
Sources: Underwriting Agreement (Scana Corp)