Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct as of the Closing Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 30 contracts
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct as of the Closing Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Transaction Date or and the related Settlement Date, as the case may be, and as of each such Issuance Transaction Date and the related Settlement Date as though made at such time.
Appears in 11 contracts
Samples: Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct as of each Applicable Time, as of the Closing Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 10 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct with the same force and effect as though expressly made at and as of the Closing Date, as of the applicable date referred to in Section 4.09 4.11 hereof that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 8 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company set forth in Article III hereof shall be true and correct as of each Applicable Time, as of the Closing Date, as of the applicable date referred to in Section 4.09 4.08 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company contained herein and in the Master Forward Confirmation shall be true and correct as of each Applicable Time, as of the Closing Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Transaction Date or and the related Settlement Date, as the case may be, and as of each such Issuance Transaction Date and the related Settlement Date as though made at such time.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct with the same force and effect as though expressly made at and as of the Closing Date, as of the applicable date referred to in Section 4.09 4.11 hereof that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date Date, Applicable Time and Settlement Date as though made at such time.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct in all material respects as of the Closing Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (Southwest Gas Corp), Sales Agency Financing Agreement (Great Plains Energy Inc), Sales Agency Financing Agreement (Southwest Gas Corp)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company set forth herein shall be true and correct in all material respects as of the date when made and as of the Closing Date, Date as of the applicable date referred to in Section 4.09 that is prior to such Issuance Date or Settlement Date, as the case may be, though made on and as of such Issuance Date and Settlement Date as though made at such time.date;
Appears in 3 contracts
Samples: Series F Convertible Preferred Stock Purchase Agreement (Fonix Corp), Exchange Agreement (Markland Technologies Inc), Exchange Agreement (Markland Technologies Inc)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct as of the Closing Date, as of the Post 10-Q Delivery Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct with the same force and effect as though expressly made at and as of the Closing Date, as of the applicable date referred to in Section 4.09 4.11 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct as of the Closing Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.;
Appears in 2 contracts
Samples: Sales Agency Agreement (Inland Real Estate Corp), Sales Agency Agreement (Inland Real Estate Corp)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct as of the Closing Date, as of the applicable date referred to in Section 4.09 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such each Issuance Date, Applicable Date and Settlement Date as though made at such time.;
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct as of the Closing Date, as of the applicable date referred to in Section 4.09 5.09 that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)
Accuracy of the Company’s Representations and Warranties. The representations and warranties of the Company shall be true and correct in all material respects as of the Closing Date, as of the applicable date referred to in Section 4.09 paragraph (m) below that is prior to such Issuance Date or Settlement Date, as the case may be, and as of such Issuance Date and Settlement Date as though made at such time.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc)
