Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 25 contracts
Samples: Distribution Agreement (American Honda Finance Corp), Atm Equity Offering Sales Agreement (Mineralys Therapeutics, Inc.), Atm Equity Offering Sales Agreement (Inovio Pharmaceuticals, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 15 contracts
Samples: Atm Equity Offering Sales Agreement (Cohen & Steers, Inc.), Atm Equity Offering Sales Agreement (Irobot Corp), At the Market Offering Agreement (Protalix BioTherapeutics, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of the Company or the Operating Partnership or any of its subsidiaries the Subsidiaries delivered pursuant to the provisions hereof at each Representation Date, Date to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 8 contracts
Samples: Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.), Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.), Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 8 contracts
Samples: Atm Equity Offering Sales Agreement (Annovis Bio, Inc.), Atm Equity Offering Sales Agreement (Acumen Pharmaceuticals, Inc.), Atm Equity Offering Sales Agreement (BiondVax Pharmaceuticals Ltd.)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of either of the Company Transaction Entities or any of its their respective subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Transaction Entities of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 6 contracts
Samples: Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement (Americold Realty Trust)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein or in certificates of any officer or general partner, as applicable, of the Company or any of its subsidiaries Manager delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 6 contracts
Samples: Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 3 contracts
Samples: Atm Equity Offering Sales Agreement (REGENXBIO Inc.), Sales Agreement (REGENXBIO Inc.), Atm Equity Offering Sales Agreement (RxSight, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents each Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Uniti Group Inc.), Atm Equity Offering Sales Agreement (Communications Sales & Leasing, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Partnership contained herein or in certificates of any officer of the Company or any of its subsidiaries General Partner delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Partnership of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement, Atm Equity Offering Sales Agreement (Enable Midstream Partners, LP)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Selling Stockholder of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Tattooed Chef, Inc.), Atm Equity Offering Sales Agreement (Tattooed Chef, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or and in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof hereto at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or any Selling Stockholder delivered pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company and each of the Selling Stockholders of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Diamondback Energy, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities and the Manager contained herein in Section 1(a) and Section 1(b) hereof, respectively, or in certificates of any officer or other representative of either of the Company Transaction Entities, the Manager or any of its their respective subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Transaction Entities and the Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Safehold Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of the Company Transaction Entities or any of its their subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Transaction Entities of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (JBG SMITH Properties)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are shall be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained herein or in certificates herein, to the accuracy of any officer the statements of the Company or and the Operating Partnership made in any of its subsidiaries delivered certificates pursuant to the provisions hereof at each Representation Date, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Colony Starwood Homes)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation DateDate and at each Trade Date (as defined in each Confirmation, if any), to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agents hereunder to the performance of their obligations herein are subject to the accuracy of the representations and warranties of the Company contained herein in Section 2 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company delivered pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Agency Agreement (Vista Gold Corp)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the respective representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Lithia Motors Inc)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of the Company or the Operating Partnership or any of its subsidiaries the Subsidiaries delivered pursuant to the provisions hereof at each Representation Date, Date to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the respective representations and warranties of the Company Trust and the Advisor contained herein or in certificates of any officer of the Company Trust or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Trust of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
Conditions of Agent’s Obligations. The obligations of the several Agents hereunder with respect to a Placement are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein in this Agreement, or in certificates of signed by any officer of the Company or any subsidiary of its subsidiaries the Company or the Manager (whether signed on behalf of such officer, the Company or such subsidiary or the Manager) delivered to the Agents or counsel to the Agents pursuant to the provisions hereof at each Representation Datethis Agreement, to the performance by the Company and the Manager of its covenants and their other respective obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company Partnership Parties contained herein or in certificates of any officer of the Company or any of its subsidiaries Partnership Parties delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Partnership Parties of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein or in certificates of any officer of the Company Company, the Manager or any of its their subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Manager of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Apollo Commercial Real Estate Finance, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Operating Partnership of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Cedar Realty Trust, Inc.)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein or in certificates of any officer or general partner, as applicable, of the Company or any of its subsidiaries Manager delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Armour Residential REIT, Inc.)