Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 60 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement, Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents Agent hereunder are with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Transaction Entities contained herein in this Agreement or in certificates of any officer of either of the Company or any of its subsidiaries (including the Bank) Transaction Entities delivered pursuant to the provisions hereof, to the performance by the Company Transaction Entities of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 15 contracts
Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained herein in Section 1 hereof or in certificates of any officer or authorized representative of the Company or any of its subsidiaries (including the Bank) Operating Partnership delivered pursuant to the provisions hereof, to the performance by the Company or the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 5 contracts
Samples: Placement Agency Agreement (Mills Corp), Placement Agency Agreement (Apartment Investment & Management Co), Placement Agency Agreement (Crescent Real Estate Equities Co)
Conditions of Placement Agent’s Obligations. The obligations of the Placement 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 or authorized representative of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 4 contracts
Samples: Placement Agency Agreement (Macerich Co), Placement Agency Agreement (Felcor Lodging Trust Inc), Placement Agency Agreement (Developers Diversified Realty Corp)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 4 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement, Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 4 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement, Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) subsidiary delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The respective obligations of the Placement 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 (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to each of the following further additional terms and conditions:
Appears in 2 contracts
Samples: Placement Agency Agreement (NewLake Capital Partners, Inc.), Placement Agency Agreement (NewLake Capital Partners, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents Agent hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the each Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 2 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the any Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement 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 (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its the covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement (Matinas BioPharma Holdings, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Adviser and the Administrator contained herein in this Agreement or in certificates of any officer of the Company Company, the Adviser or any of its subsidiaries (including the Bank) Administrator delivered pursuant to the provisions hereof, to the performance by the Company Company, the Adviser or the Administrator of its the covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Oaktree Specialty Lending Corp)
Conditions of Placement Agent’s Obligations. The obligations of the several Placement Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Advisor contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereofAdvisor, to the performance by the Company and the Advisor of its their respective covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of Placement Agent’s Obligations. The obligations of ------------------------------------------- the Placement 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 or authorized representative of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement (Nationwide Health Properties Inc)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the BankBanks) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement 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 (including the Bank) Subsidiaries delivered pursuant to the provisions hereof, 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 Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company Bank or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company Bank of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement 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 subsidiary of its subsidiaries (including the Bank) Company delivered pursuant to the provisions hereof, 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 Placement Agent’s Obligations. The obligations of the Placement 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 (including the Bank) Subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further additional conditions:
Appears in 1 contract
Samples: Placement Agency Agreement (Synthetic Biologics, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents Agent hereunder are with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Adviser and the Administrator contained herein in this Agreement or in certificates of any officer of the Company Company, the Adviser or any of its subsidiaries (including the Bank) Administrator delivered pursuant to the provisions hereof, to the performance by the Company Company, the Adviser or the Administrator of its the covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer member of the management board of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement (ProQR Therapeutics N.V.)
Conditions of Placement Agent’s Obligations. The obligations of the several Placement Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Bank contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) Subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement (Republic First Bancorp Inc)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Adviser and the Administrator contained herein in this Agreement or in certificates of any officer of the Company Company, the Adviser or any of its subsidiaries (including the Bank) Administrator delivered pursuant to the provisions hereof, to the performance by the Company Company, the Adviser or the Administrator of its the covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Conditions of Placement Agent’s Obligations. The Company and the Placement Agent agree that the obligations of the Placement Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Bank Subsidiary contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company and the Bank Subsidiary of its covenants and other their obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein in Section 1 hereof or in certificates of any officer or authorized representative of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement (Forest City Enterprises Inc)
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer on the part of the Company or any on the date hereof and at the time of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to purchase and the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:
Appears in 1 contract
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents Agent hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement
Conditions of Placement Agent’s Obligations. The obligations of the Placement Agents hereunder are subject to the accuracy of the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) Bank delivered pursuant to the provisions hereof, to the performance by the Company Bank of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Samples: Placement Agency Agreement