Conditions of the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject, in its discretion, to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the 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 20 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)
Conditions of the Agents’ Obligations. The Agent's obligations to act as agent of the Agent Company hereunder with respect and to a Placement will find purchasers for the Securities shall be subject, in its discretion, subject to the continuing accuracy and completeness accuracy, as of the Closing Date, of the representations and warranties on the part of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereofherein contained, to the performance fulfillment of or compliance by the Company of its with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:
Appears in 13 contracts
Samples: Warrant Agreement (Euroweb International Corp), Credit Agreement (Staruni Corp), Agreement (Euroweb International Corp)
Conditions of the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary Subsidiary of the 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 8 contracts
Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Distribution Agreement (DMC Global Inc.), Equity Distribution Agreement (Ashford Hospitality Trust Inc)
Conditions of the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the 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 6 contracts
Samples: Equity Distribution Agreement (Hawaiian Electric Co Inc), Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Astronics Corp)
Conditions of the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Adviser contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Adviser the 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 4 contracts
Samples: Equity Distribution Agreement (Oxford Square Capital Corp.), Equity Distribution Agreement (Saratoga Investment Corp.), Equity Distribution Agreement (Oxford Lane Capital Corp.)
Conditions of the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company 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 3 contracts
Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)
Conditions of the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company Company, the Operating Partnership or any subsidiary of the Company Subsidiary delivered pursuant to the provisions hereof, 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 2 contracts
Samples: Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties)
Conditions of the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company Company, the Operating Partnership or any subsidiary of the Company 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 the following further conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)
Conditions of the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will as provided herein shall be subject, in its discretion, subject to the continuing accuracy and completeness of the condition that all representations and warranties and other statements herein of the Company contained in this Agreement or in certificates are materially true and correct, the condition that the Company shall have materially performed all of any officer its obligations hereunder which are to be performed prior to the sale of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants Common Shares and other obligations closing hereunder, and to the satisfaction of the following further conditionsadditional conditions on or before each Closing Date:
Appears in 2 contracts
Samples: Agency Agreement (Santa Fe Petroleum, Inc.), Agency Agreement (Corvu Corp)
Conditions of the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary Subsidiary of the Company 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 conditions:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Olympic Steel Inc)
Conditions of the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the 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
Samples: Equity Distribution Agreement (National Health Investors Inc)
Conditions of the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company Transaction Entities contained in this Agreement or in certificates of any officer of the Company Transaction Entities or any subsidiary of the Company Transaction Entities delivered pursuant to the provisions hereof, to the performance by the Company Transaction Entities of its covenants and other obligations hereunder, and to the following further conditions:
Appears in 1 contract
Conditions of the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations representations, warranties and warranties agreements of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company 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 1 contract
Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)
Conditions of the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of its Subsidiaries of the 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 the Agents’ Obligations. The obligations of the Agent hereunder with respect to a Placement will shall be subject, in its discretion, subject to the continuing accuracy accuracy, when made and completeness on each Representation Date, of the representations and warranties of the Company contained in this Agreement Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company its subsidiaries delivered pursuant to the provisions hereofhereof as though made on such date, and 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 the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its their discretion, to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, at each Representation Date and at each Trade Date (as defined in each applicable Confirmation), to the performance by the Company of its covenants and other obligations hereunderhereunder and thereunder, as applicable, and to the following further conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (National Health Investors Inc)
Conditions of the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company Company, the Operating Partnership or any subsidiary of the Company 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 1 contract
Samples: Equity Distribution Agreement (Kite Realty Group, L.P.)
Conditions of the Agents’ Obligations. The obligations of each of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the 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 the Agents’ Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject, in its discretion, subject to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company Significant 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 1 contract
Samples: Equity Distribution Agreement (Condor Hospitality Trust, Inc.)