S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 21 contracts
Sources: Underwriting Agreement (Agco Corp /De), Underwriting Agreement (Carpenter Technology Corp), Placement Agency Agreement (Cytosorbents Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 17 contracts
Sources: Underwriting Agreement (Red Cat Holdings, Inc.), Underwriting Agreement (Legacy Education Inc.), Underwriting Agreement (SONDORS Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including including, without limitation, Section 402 related to loans to insiders and Sections 302 and 906 related to certifications.
Appears in 11 contracts
Sources: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 11 contracts
Sources: Underwriting Agreement (Grid Dynamics Holdings, Inc.), Purchase Agreement (Select Medical Holdings Corp), Underwriting Agreement (Surgery Partners, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 11 contracts
Sources: Open Market Sale Agreement (ImmunoGen, Inc.), Open Market Sale Agreement (ImmunoGen, Inc.), Underwriting Agreement (Dynex Capital Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 10 contracts
Sources: Underwriting Agreement (Bullish), Sales Agreement (InflaRx N.V.), Underwriting Agreement (Smith Douglas Homes Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans loans, to the extent such provisions and Sections 302 rules and 906 related to certificationsregulations are applicable.
Appears in 10 contracts
Sources: Underwriting Agreement (Roth CH Acquisition v Co.), Underwriting Agreement (Roth CH Acquisition IV Co.), Underwriting Agreement (Roth CH Acquisition IV Co.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 9 contracts
Sources: Underwriting Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc), At Market Issuance Sales Agreement (Novavax Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 8 contracts
Sources: Stock Purchase Agreement (Kopin Corp), Underwriting Agreement (Universal Compression Inc), Underwriting Agreement (American Reprographics CO)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Sources: Underwriting Agreement (Kyndryl Holdings, Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Sources: Underwriting Agreement (Camp4 Therapeutics Corp), Underwriting Agreement (SpringWorks Therapeutics, Inc.), Underwriting Agreement (Black Diamond Therapeutics, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Sources: Underwriting Agreement (Waste Connections, Inc.), Underwriting Agreement (Waste Connections, Inc.), Underwriting Agreement (Waste Connections, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Sources: Underwriting Agreement (AeroVironment Inc), Underwriting Agreement (AeroVironment Inc), Underwriting Agreement (Horace Mann Educators Corp /De/)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Lexeo Therapeutics, Inc.), Common Stock Purchase Agreement (Lexeo Therapeutics, Inc.), Underwriting Agreement (Tactile Systems Technology Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 7 contracts
Sources: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision applicable provisions of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsthereunder.
Appears in 7 contracts
Sources: Distribution Agreement (Tellurian Inc. /De/), Distribution Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Sources: Underwriting Agreement (Cryoport, Inc.), Underwriting Agreement (Alliqua BioMedical, Inc.), Underwriting Agreement (Ohr Pharmaceutical Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or company or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Sources: Underwriting Agreement (AerSale Corp), Underwriting Agreement (Aura Biosciences, Inc.), Sales Agreement (Molecular Templates, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Sources: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.), Company Stock Purchase Agreement (Delta Petroleum Corp/Co)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 5 contracts
Sources: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.), Open Market Sale Agreement (Corbus Pharmaceuticals Holdings, Inc.), Open Market Sale Agreement (Corbus Pharmaceuticals Holdings, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company Company, or to the Company’s knowledge or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 5 contracts
Sources: Underwriting Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related ) to loans and Sections 302 and 906 related to certificationswhich the Company is subject.
Appears in 4 contracts
Sources: Underwriting Agreement (FGX International Holdings LTD), Underwriting Agreement (Burger King Holdings Inc), Underwriting Agreement (Burger King Holdings Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Orgenesis Inc.), Securities Purchase Agreement (Orgenesis Inc.), Securities Purchase Agreement (Orgenesis Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related relating to loans and Sections 302 and 906 related relating to certifications, that are in effect and with which the Company is required to comply.
Appears in 4 contracts
Sources: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Sources: Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 4 contracts
Sources: Underwriting Agreement (Coterra Energy Inc.), Underwriting Agreement (American Equity Investment Life Holding Co), Underwriting Agreement (American Equity Investment Life Holding Co)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 4 contracts
Sources: Underwriting Agreement (Concho Resources Inc), Underwriting Agreement (Concho Resources Inc), Underwriting Agreement (Concho Resources Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure in any material respect on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Humanigen, Inc), Sales Agreement (Humanigen, Inc), Underwriting Agreement (Humanigen, Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the best knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 3 contracts
Sources: Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (SharpSpring, Inc.), Underwriting Agreement (CaesarStone Sdot-Yam Ltd.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision Section 402 of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications2002.
Appears in 3 contracts
Sources: Underwriting Agreement (DealerTrack Holdings, Inc.), Underwriting Agreement (DealerTrack Holdings, Inc.), Underwriting Agreement (DealerTrack Holdings, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or company or, to the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (908 Devices Inc.), Underwriting Agreement (Emcore Corp), Underwriting Agreement (908 Devices Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company after reasonable inquiry, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Equity Distribution Agreement (Canoo Inc.), Equity Distribution Agreement (Cohen & Co Inc.), Equity Distribution Agreement (Broadwind, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s its directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Apogee Therapeutics, Inc.), Underwriting Agreement (Apogee Therapeutics, Inc.), Open Market Sale Agreement (Apogee Therapeutics, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as in effect at the applicable time, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Vector Group LTD), Underwriting Agreement (Vector Group LTD), Underwriting Agreement (Vector Group LTD)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 3 contracts
Sources: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Mersana Therapeutics, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Cliffs Natural Resources Inc.), Underwriting Agreement (Cliffs Natural Resources Inc.), Underwriting Agreement (Overseas Shipholding Group Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply in all material respects with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Open Market Sale Agreement (Adicet Bio, Inc.), Underwriting Agreement (Adicet Bio, Inc.), Underwriting Agreement (Adicet Bio, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the U.S. S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith applicable to the Company (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or company or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Cytosorbents Corp), Underwriting Agreement (Praxis Precision Medicines, Inc.), Underwriting Agreement (Praxis Precision Medicines, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 3 contracts
Sources: Underwriting Agreement (Vanda Pharmaceuticals Inc.), Underwriting Agreement (Voltaire Ltd.), Underwriting Agreement (Vanda Pharmaceuticals Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Share Purchase Agreement (Minerva Surgical Inc), Underwriting Agreement (Volcano CORP), Underwriting Agreement (Volcano CORP)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Milestone Pharmaceuticals Inc.), Underwriting Agreement (Milestone Pharmaceuticals Inc.), Underwriting Agreement (Milestone Pharmaceuticals Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply comply, in all material respects, with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 3 contracts
Sources: Underwriting Agreement (Denbury Resources Inc), Underwriting Agreement (Denbury Resources Inc), Underwriting Agreement (Denbury Resources Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the Company’s Knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans loans, to the extent such provisions and Sections 302 rules and 906 related to certificationsregulations are applicable.
Appears in 3 contracts
Sources: Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp), Underwriting Agreement (Monocle Acquisition Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as in effect at the applicable time, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Penwest Pharmaceuticals Co), Share Purchase Agreement (Penwest Pharmaceuticals Co), Share Purchase Agreement (TRM Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or Company, or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Hormel Foods Corp /De/), Underwriting Agreement (Hormel Foods Corp /De/)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (by the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)Commission thereunder, including Section 402 related to loans loans, Section 404 related to internal controls and Sections 302 and 906 related to certifications, other than de minimis violations.
Appears in 2 contracts
Sources: Distribution Agreement (DiamondRock Hospitality Co), Distribution Agreement (DiamondRock Hospitality Co)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), as applicable, including Section 402 related to loans and Sections 302 and 906 related to certificationscertifications as applicable.
Appears in 2 contracts
Sources: Underwriting Agreement (EVgo Inc.), Underwriting Agreement (EVgo Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no material failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or and, to the best of the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)) in any material respect, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Biodel Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, officers (in their capacities as such, ) to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Rezolute, Inc.), Equity Commitment (Threshold Pharmaceuticals Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no material failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (PTC Therapeutics, Inc.), Sales Agreement (PTC Therapeutics, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Underwriting Agreement (Morphic Holding, Inc.), Underwriting Agreement (Morphic Holding, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company and its Subsidiaries or any of the Company’s officers and directors of the Company or officersany of its Subsidiaries, in their capacities as such, to comply in all material respects with any provision the provisions of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including without limitation Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Range Resources Corp), Underwriting Agreement (Range Resources Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related relating to certifications.
Appears in 2 contracts
Sources: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in any material respect with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Underwriting Agreement (Cascal B.V.), Underwriting Agreement (Cascal N.V.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications, to the extent compliance is required.
Appears in 2 contracts
Sources: Underwriting Agreement (InnovAge Holding Corp.), Underwriting Agreement (InnovAge Holding Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any member of the Company’s directors or supervisory board and management board and officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Underwriting Agreement (Innocoll AG), Underwriting Agreement (Innocoll GmbH)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certificationstherewith.
Appears in 2 contracts
Sources: Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is From and after the Effective Date, there has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including without limitation Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Underwriting Agreement (Cabg Medical Inc), Underwriting Agreement (Cabg Medical Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or executive officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (GDS Holdings LTD), Underwriting Agreement (GDS Holdings LTD)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Sales Agreement (Passage BIO, Inc.), Underwriting Agreement (Passage BIO, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s 's directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Precigen, Inc.), Sales Agreement (Corbus Pharmaceuticals Holdings, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Immunome Inc.), Underwriting Agreement (Immunome Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Purchase Agreement (Ironwood Pharmaceuticals Inc), Underwriting Agreement (Privatebancorp, Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Pearl Diver Credit Co Inc.), Underwriting Agreement (Owl Rock Capital Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or and any of the Company’s directors trustees or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act related to loans and Sections 302 and 906 thereof related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Acadia Realty Trust), Underwriting Agreement (Acadia Realty Trust)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Equity Distribution Agreement (CVRx, Inc.), Underwriting Agreement (CVRx, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any nor, to the best of the Company’s knowledge having made due enquiry, any of its directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Uranium Royalty Corp.), Equity Distribution Agreement (Uranium Royalty Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision the applicable provisions of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (United States Steel Corp), Purchase Agreement (United States Steel Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act , with which any of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)them is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.loans;
Appears in 2 contracts
Sources: Underwriting Agreement (Perpetua Resources Corp.), Underwriting Agreement (Perpetua Resources Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Guarantor or the Company or any of the Company’s their respective directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (that are applicable to the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)Company as of the date hereof and as of the Closing Date, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Quanterix Corp), Underwriting Agreement (Quanterix Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Hydrofarm Holdings Group, Inc.), Underwriting Agreement (Hydrofarm Holdings Group, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or and any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)in all material respects, including including, without limitation, Section 402 related relating to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Securities Purchase Agreement (ARCA Biopharma, Inc.), Securities Purchase Agreement (ARCA Biopharma, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or the Guarantor or, to the knowledge of the Company or the Guarantor, any of the Company’s or the Guarantor’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (NEWMONT Corp /DE/), Underwriting Agreement (Newmont Goldcorp Corp /De/)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Sales Agency Agreement (Village Bank & Trust Financial Corp.), Sales Agency Agreement (Village Bank & Trust Financial Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company Holdings or any of the Company’s Holdings’ directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), to the extent applicable, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Purchase Agreement (Atlas Energy Resources, LLC), Purchase Agreement (Atlas Energy Resources, LLC)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s their respective directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), applicable as of the effective date of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Shake Shack Inc.), Underwriting Agreement (Shake Shack Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s its directors or and officers, in their capacities capacity as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the any applicable rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), ) including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Underwriting Agreement (Approach Resources Inc), Underwriting Agreement (Approach Resources Inc)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is is, and has been been, no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision applicable provisions of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Celcuity Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (Waystar Holding Corp.), Underwriting Agreement (Waystar Holding Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), with which the Company is required to comply, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Sales Agreement (Elevation Oncology, Inc.), Underwriting Agreement (Elevation Oncology, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)) applicable to the Company as of the date hereof, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 2 contracts
Sources: Sales Agreement (Inventiva S.A.), Sales Agreement (Inventiva S.A.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 thereof related to loans and Sections 302 and 906 thereof related to certifications.
Appears in 2 contracts
Sources: International Underwriting Agreement (Tuya Inc.), Hong Kong Underwriting Agreement (Tuya Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related loans, to certificationsthe extent compliance is required as of the date of the Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Cannae Holdings, Inc.), Underwriting Agreement (Cannae Holdings, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related loans, to certificationsthe extent applicable to the Company.
Appears in 2 contracts
Sources: Underwriting Agreement (Metropolitan Bank Holding Corp.), Underwriting Agreement (Metropolitan Bank Holding Corp.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended, and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Underwriting Agreement (MSCI Inc.), Underwriting Agreement (TriState Capital Holdings, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is is, and has been been, no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 2 contracts
Sources: Open Market Sale Agreement (VistaGen Therapeutics, Inc.), Underwriting Agreement (VistaGen Therapeutics, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision applicable requirements of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision the provisions of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)) applicable to the Company or its directors or officers, as applicable, including Section Sections 303, 304, 306, 401 and 402 related to loans and Sections 302 and 906 related to certificationsof the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act.
Appears in 1 contract
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections Section 302 and 906 related to certifications.
Appears in 1 contract
Sources: Underwriting Agreement (Granite Point Mortgage Trust Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or or, to the Company’s knowledge, any of the Company’s directors officers or officersdirectors, in their capacities as such, to comply with any applicable provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (that are applicable to the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)Company as of the date hereof and as of the Closing Date, including Section 402 related to loans and Sections 302 and 906 related to certificationsloans.
Appears in 1 contract
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and not, nor has been no there been, any failure on the part of the Company or or, to the best knowledge of the Company, any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Sources: Underwriting Agreement (Petroleum Development Corp)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”)) applicable as of or prior to the date hereof, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Sources: Underwriting Agreement (Kinsale Capital Group, Inc.)
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or executive officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
S▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There To the extent applicable to the Company on the date hereof, there is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 2002, as amended and the rules and regulations promulgated in connection therewith (the “S▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Appears in 1 contract
Sources: Underwriting Agreement (D-Market Electronic Services & Trading)