Conditions of the Agents’ Obligations. The obligations of each Agent hereunder are subject to (i) the accuracy of the representations and warranties of the Company and the Operating Partnership on the date hereof, on each Representation Date and as of each Time of Sale and Settlement Date, (ii) the performance by the Company and the Operating Partnership of their obligations hereunder and (iii) the following additional conditions:
Appears in 5 contracts
Samples: Equity Distribution Agreement (Investors Real Estate Trust), Equity Distribution Agreement (American Finance Trust, Inc), Equity Distribution Agreement (American Finance Trust, Inc)
Conditions of the Agents’ Obligations. The obligations of each the Agent hereunder are subject to (i) the accuracy accuracy, as of the representations date of this Agreement, each Representation Date, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company and the Operating Partnership on the date hereof, on each Representation Date and as of each Time of Sale and Settlement Datecontained herein, (ii) the performance by the Company and the Operating Partnership of their its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (KLX Energy Services Holdings, Inc.)
Conditions of the Agents’ Obligations. The obligations of each Agent hereunder are subject to (i) the accuracy of the representations and warranties of the Company and the Operating Partnership on the date hereof, on each Representation Date and as of each Time of Sale and Settlement DateDate (other than those representations and warranties made as of a specific time), (ii) the performance by of the Company and the Operating Partnership in all material respects of their its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Monmouth Real Estate Investment Corp)
Conditions of the Agents’ Obligations. The obligations of each the Agent hereunder are subject to (i) the accuracy accuracy, as of the representations date of this Agreement, each Representation Date, each Notice Date, each Applicable Time, and each Settlement Date (in each case, as if made at such date) of and compliance with all representations, warranties and agreements of the Company and the Operating Partnership on the date hereof, on each Representation Date and as of each Time of Sale and Settlement Datecontained herein, (ii) the performance by the Company and the Operating Partnership of their its obligations hereunder and (iii) the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Nine Energy Service, Inc.)
