Conditions to the Agent’s Obligations. The obligations of the Agents and Forward Purchasers hereunder and under each Confirmation and Terms Agreement, as applicable, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company set forth in Section 6 hereof, to the timely performance by the Company of its covenants and other obligations hereunder and under each Confirmation and Terms Agreement, as applicable, to the completion by the Agents and Forward Purchasers of a due diligence review satisfactory to each Agent and each Forward Purchaser in its reasonable judgment and to the continuing satisfaction (or waiver by the Agents and Forward Purchasers in their sole discretion) of each of the following additional conditions:
Appears in 5 contracts
Samples: Terms Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Terms Agreement (Sabra Health Care REIT, Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agents Agents, the Forward Seller and the Forward Purchasers Purchaser hereunder and under each Confirmation and with respect to an Issuance or a Forward, or pursuant to any Terms Agreement, as applicable, shall will be subject to the continuing accuracy and completeness of the representations and warranties on the part of made by the Company set forth in Section 6 hereofand the Operating Partnership herein, to the timely due performance by the Company and the Operating Partnership of its covenants and other their respective obligations hereunder and under each Confirmation and Terms Agreement, as applicablehereunder, to the completion by the Agents and or the Forward Purchasers Sellers of a due diligence review satisfactory to each Agent and each the Agents or Forward Purchaser Sellers in its their reasonable judgment judgment, and to the continuing satisfaction (or waiver by each of the Agents and or Forward Purchasers Sellers in their sole discretion) of each of the following additional conditions:
Appears in 2 contracts
Samples: Terms Agreement (Global Medical REIT Inc.), Sales Agreement (Global Medical REIT Inc.)
Conditions to the Agent’s Obligations. The obligations of the Agents hereunder with respect to a Placement in any Agency Transaction, and Forward Purchasers hereunder the obligations of the Agents with respect to a Principal Transaction pursuant to any Terms Agreement and under each Confirmation and Terms this Agreement, as applicable, shall will in each case be subject to the continuing accuracy and completeness of the representations and warranties on the part of made by the Company set forth in Section 6 hereofherein, to the timely due performance by the Company of its covenants and other obligations hereunder and under each Confirmation and any Terms Agreement, as applicable, to the completion by the Agents and Forward Purchasers of a due diligence review satisfactory to each such Agent and each Forward Purchaser in its reasonable judgment judgment, and to the continuing satisfaction (or waiver by the Agents and Forward Purchasers each such Agent in their its sole discretion) of each of the following additional conditions:
Appears in 1 contract
Samples: Sales Agreement (Suro Capital Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agents and Forward Purchasers hereunder and under each Confirmation and Terms Agreement, as applicable, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company set forth in Section 6 hereofhereof and under the relevant Confirmation, to the timely performance by the Company of its covenants and other obligations hereunder and under each the relevant Confirmation and Terms Agreement, as applicable, to the completion by the Agents and Forward Purchasers of a due diligence review satisfactory to each Agent and each Forward Purchaser in its reasonable judgment and to the continuing satisfaction (or waiver by the Agents and Forward Purchasers in their sole discretion) of each of the following additional conditions:
Appears in 1 contract
Samples: Terms Agreement (NETSTREIT Corp.)
Conditions to the Agent’s Obligations. The obligations of the Agents and the Forward Purchasers hereunder and under each Confirmation and Terms Agreement, as applicable, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company set forth in Section 6 hereof, to the timely performance by the Company of its covenants and other obligations hereunder and under each Confirmation and Terms Agreement, as applicable, to the completion by the Agents and the Forward Purchasers of a due diligence review satisfactory to each Agent and each Forward Purchaser in its reasonable judgment and to the continuing satisfaction (or waiver by the Agents and the Forward Purchasers in their sole discretion) of each of the following additional conditions:
Appears in 1 contract