Conditions of Obligations. The obligations of the Agents to purchase Securities from the Company as principal and to solicit offers to purchase Securities as agent of the Company, and the obligations of any purchasers of Securities sold through an Agent as agent of the Company, will be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership herein and to the accuracy of the statements of the directors or officers of the Company, including those made on behalf of the Operating Partnership, made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company and the Operating Partnership of all their respective covenants and agreements herein contained and to the following additional conditions precedent:
Appears in 2 contracts
Samples: Distribution Agreement (UDR, Inc.), Distribution Agreement (UDR, Inc.)
Conditions of Obligations. The obligations of the Agents to purchase Securities from the Company as principal and to solicit offers to purchase Securities the Notes as agent of the Company, and the obligations of any purchasers of Securities the Notes sold through an Agent as agent agent, and any obligation of the Company, an Agent to purchase Notes pursuant to a Terms Agreement or otherwise will be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership Guarantor contained herein and to the accuracy of the statements of the directors or officers of the Company, including those made on behalf of Company and the Operating Partnership, Guarantor made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company and the Operating Partnership Guarantor of all their respective covenants and agreements herein contained and to the following additional conditions precedent:
Appears in 2 contracts
Samples: Distribution Agreement (Popular Inc), Distribution Agreement (Popular International Bank Inc)
Conditions of Obligations. The obligations of the Agents to purchase Securities from as agents of the Company as principal and the Guarantor to solicit offers to purchase Securities as agent of the CompanyNotes, and the obligations of any purchasers of Securities the Notes sold through an Agent as agent agent, and any obligation of the Company, an Agent as principal to purchase Notes pursuant to a Terms Agreement will be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership Guarantor herein and to the accuracy of the statements of the directors or Company's and the Guarantor's officers of the Company, including those made on behalf of the Operating Partnership, made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company and the Operating Partnership Guarantor of all their respective covenants and agreements herein contained and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (Deere & Co)
Conditions of Obligations. The obligations of the Agents to purchase Securities from the Company as principal and Purchasing Agent to solicit offers to purchase Securities the Notes as agent of the Company, and the obligations of any purchasers of Securities the Notes sold through an the Purchasing Agent as agent agent, and any obligation of the CompanyPurchasing Agent to purchase Notes pursuant to a Terms Agreement (or otherwise), will be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership herein and to the accuracy of the statements of the directors or Company’s officers of the Company, including those made on behalf of the Operating Partnership, made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company and the Operating Partnership of all their respective its covenants and agreements herein contained and to the following additional conditions precedent:
Appears in 1 contract
Conditions of Obligations. The obligations of the Agents to purchase Securities Notes from the Company as principal and to solicit offers to purchase Securities Notes as agent of the Company, and the obligations of any purchasers of Securities Notes sold through an Agent as agent of the Companyagent, will be subject to the accuracy of the representations and warranties on the part of both the Company and the Operating Partnership Guarantor herein and to the accuracy of the statements of the Company's directors or officers of executive officers, and the Company, including those made on behalf of the Operating PartnershipGuarantor's trustees or executive officers, made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company and the Operating Partnership Guarantor of all their respective its covenants and agreements herein contained and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (New Plan Excel Realty Trust Inc)
Conditions of Obligations. The obligations of the Agents to purchase Securities from the Company as principal and to solicit offers to purchase Securities the Notes as agent agents of the Company, and the obligations of any purchasers of Securities the Notes sold through an Agent as agent agent, and any obligation of the Company, an Agent to purchase Notes pursuant to a Terms Agreement will be subject to the accuracy accuracy, as of each Representation Date, of the representations and warranties on the part of the Company and the Operating Partnership herein and to the accuracy accuracy, as of each Representation Date, of the statements of the directors or Company's officers of the Company, including those made on behalf of the Operating Partnership, made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company and the Operating Partnership of all their respective its covenants and agreements herein contained and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (CSX Corp)
Conditions of Obligations. The obligations of the Agents to purchase Securities from the Company as principal and Purchasing Agent to solicit offers to purchase Securities the Notes as agent of the Company, and the obligations of any purchasers of Securities the Notes sold through an the Purchasing Agent as agent agent, and any obligation of the Company, Purchasing Agent to purchase Notes as principals pursuant to a Terms Agreement or otherwise will be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership herein contained and to the accuracy of the statements of the directors or Company’s officers of the Company, including those made on behalf of the Operating Partnership, made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company and the Operating Partnership of all their respective its covenants and agreements herein contained and to the following additional conditions precedent:
Appears in 1 contract