Conditions of Obligations. Each Agent's obligations to purchase the Notes as principal and to solicit offers to purchase the Notes as agent of the Company and the obligation of any purchaser of Notes sold through an Agent as agent, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 7 contracts
Samples: Distribution Agreement (Comdisco Inc), Distribution Agreement (Comdisco Inc), Distribution Agreement (Comdisco Inc)
Conditions of Obligations. Each Agent's The obligations to purchase of the Notes as principal and Agents to solicit offers to purchase the Notes as agent agents of the Company and Company, the obligation obligations of any purchaser purchasers of the Notes sold through an Agent the Agents as agentagents, and any obligation of the Agents to purchase Notes as principals pursuant to a Terms Agreement or otherwise will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein contained and to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 6 contracts
Samples: Distribution Agreement (Toyota Motor Credit Corp), Distribution Agreement (Toyota Motor Credit Corp), Distribution Agreement (Toyota Motor Credit Corp)
Conditions of Obligations. Each Agent's The obligations to purchase the Notes as principal and of any Agent to solicit offers to purchase the Notes as agent of the Company and the obligation obligations of any purchaser of Agent to purchase Notes sold through an Agent as agent, pursuant to any Terms Agreement will be subject at all times to the accuracy accuracy, as of the applicable Representation Date, of the representations and warranties on the part of the Company herein and to the accuracy accuracy, as of the date made, of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed observed, and to the following additional conditions precedent:
Appears in 5 contracts
Samples: Distribution Agreement (Walt Disney Co/), Distribution Agreement (Walt Disney Co/), Distribution Agreement (Dc Holdco Inc)
Conditions of Obligations. Each Agent's The obligations of the Agents to purchase the Notes as principal and to solicit offers to purchase the Notes as agent of the Company Company, and the obligation obligations of any purchaser purchasers of the Notes sold through an Agent as agent, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 3 contracts
Samples: Distribution Agreement (Boeing Capital Corp), Distribution Agreement (Boeing Capital Corp), Distribution Agreement (Boeing Capital Corp)
Conditions of Obligations. Each Agent's obligations to purchase the Notes as principal and to solicit offers to purchase the Notes as agent of the Company and Company, the obligation of any purchaser of to purchase Notes sold through an Agent as agent, and any Agent's obligations to purchase Notes pursuant to any Terms Agreement will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 3 contracts
Samples: u.s. Distribution Agreement (General Electric Capital Corp), u.s. Distribution Agreement (General Electric Capital Corp), u.s. Distribution Agreement (General Electric Capital Corp)
Conditions of Obligations. Each Agent's The obligations of one or more Agents to purchase the Notes as principal and to solicit offers to purchase the Notes as an agent of the Company Company, and the obligation obligations of any purchaser purchasers of the Notes sold through an Agent as agent, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 3 contracts
Samples: Distribution Agreement (Health Care Property Investors Inc), Distribution Agreement (Health Care Property Investors Inc), Distribution Agreement (Health Care Property Investors Inc)
Conditions of Obligations. Each Agent's The obligations to purchase the Notes as principal and of any Agent to solicit offers to purchase the Notes as agent of the Company and the obligation obligations of any purchaser of Agent to purchase Notes sold through an Agent as agent, pursuant to any Terms Agreement will be subject at all times to the accuracy accuracy, as of the applicable Representation Date, of the representations and warranties on the part of the Company herein and to the accuracy accuracy, as of the date made, of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 2 contracts
Samples: Distribution Agreement (Occidental Petroleum Corp /De/), Distribution Agreement (Occidental Petroleum Corp /De/)
Conditions of Obligations. Each Agent's ’s obligations to purchase the Notes as principal and to solicit offers to purchase the Notes as agent of the Company and Company, the obligation of any purchaser of to purchase Notes sold through an Agent as agent, and any Agent’s obligations to purchase Notes pursuant to any Terms Agreement will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 2 contracts
Samples: u.s. Distribution Agreement (General Electric Capital Corp), u.s. Distribution Agreement (General Electric Capital Corp)
Conditions of Obligations. Each Agent's The obligations of the Purchasing Agent to purchase Notes from the Notes Company as principal and principal, the obligations of the Purchasing Agent to solicit offers to purchase the Notes as agent and the obligations of any purchasers of the Company and the obligation of any purchaser of Notes sold through an the Purchasing Agent as agent, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Conditions of Obligations. Each Agent's obligations to purchase The obligation of each of the Notes as principal and Agents to solicit offers to purchase the Notes as agent of the Company and the obligation of any purchaser of the Agents to purchase Notes sold through an Agent as agent, pursuant to any Terms Agreement will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and herein, to the accuracy of the statements of the Company's officers made in any the most recent certificate furnished to such Agent pursuant to the provisions of Section 5(b) or Section 6(a) hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (Harnischfeger Industries Inc)
Conditions of Obligations. Each Agent's The obligations of the Agents to purchase the Notes as principal principals and to solicit offers to purchase the Notes as agent agents of the Company Company, and the obligation obligations of any purchaser purchasers of the Notes sold through an Agent the Agents as agentagents, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and contained, to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all of their covenants and agreements herein contained on its part to be performed and observed contained, and to the following additional conditions precedent:
Appears in 1 contract
Conditions of Obligations. Each Agent's The obligations of the Agents to purchase Notes from the Notes Company as principal and to solicit offers to purchase the Notes as agent of the Company Company, and the obligation obligations of any purchaser purchasers of Notes sold through an Agent as agent, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's officers directors or executive officers, made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (New Plan Excel Realty Trust Inc)
Conditions of Obligations. Each Agent's obligations to purchase The obligation of any Agent as agent of the Notes as principal and Company to solicit offers to purchase the Notes as agent of the Company and Notes, the obligation of any purchaser of Notes sold through an any Agent as agent, and any Agent’s obligations to purchase Notes pursuant to any Terms Agreement will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and herein, to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part their respective parts to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Conditions of Obligations. Each Agent's The obligations to purchase the Notes as principal and of each Agent to solicit offers to purchase the Notes as agent of the Company and Company, the obligation of any purchaser of Notes sold through an such Agent as agent, agent and the obligations of any Agent to purchase Notes as principal pursuant to any Terms Agreement will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (Bear Stearns Companies Inc)
Conditions of Obligations. Each Agent's The obligations to purchase the Notes as principal and of each Agent to solicit offers to purchase the Notes as agent of the Company and Company, the obligation of any purchaser of Notes sold through an such Agent as agent, agent and the obligation of the Lead Agent to purchase Notes as principal pursuant to any Terms Agreement will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (Bear Stearns Companies Inc)
Conditions of Obligations. Each Agent's The obligations of each Agent to purchase the Notes as principal and to solicit offers to purchase the Notes as agent of the Company Company, and the obligation obligations of any purchaser purchasers of the Notes sold through an Agent one or more Agents as agentagents, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein contained and to the accuracy of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereofhereof in connection with the sale of such Notes, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed obligations hereunder and to the following additional conditions precedentfurther conditions:
Appears in 1 contract
Samples: Distribution Agreement (Sunamerica Capital Trust Ii)
Conditions of Obligations. Each Agent's The obligations of one or more Agents to purchase the Notes as principal and to solicit offers to purchase the Notes as an agent of the Company Company, and the obligation obligations of any purchaser purchasers of the Notes sold through an Agent as agent, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's ’s officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Samples: Distribution Agreement (Health Care Property Investors Inc)
Conditions of Obligations. Each Agent's The obligations of each of the Agents to purchase the Notes as principal and to solicit offers to purchase the Notes as agent of the Company Company, and the obligation obligations of any purchaser purchasers of the Notes sold through an Agent as agent, will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Samples: Current Report
Conditions of Obligations. Each Agent's obligations to purchase the Notes as principal and to solicit offers to purchase the Notes as agent of the Company Notes, and the obligation of the Purchasing Agent to purchase Notes pursuant to any purchaser of Notes sold through an Agent as agent, Terms Agreement will be subject at all times to the accuracy of the representations and warranties on the part of the Company herein and to the accuracy of the statements of the Company's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed and to the following additional conditions precedent:
Appears in 1 contract
Samples: Selling Agent Agreement (General Electric Capital Corp)