Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Distribution Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Distribution Agents in their sole discretion) of the following additional conditions:
Appears in 3 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (First Foundation Inc.), At Market Issuance Agreement (HomeStreet, Inc.)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, in each case, based on the standards set forth in the Form of Representation Date Certificate attached hereto as Exhibit 7(l), to the completion by the Distribution Agents Agent of a due diligence review satisfactory to it in its reasonable judgment, judgment and to the continuing satisfaction (or waiver by each of the Distribution Agents Agent in their its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (CNB Financial Corp/Pa), At Market Issuance Sales Agreement (City Holding Co)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, in each case, based on the standards set forth in the Form of Representation Date Certificate, to the completion by the Distribution Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Distribution Agents in their its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Customers Bancorp, Inc.), At Market Issuance Sales Agreement (Customers Bancorp, Inc.)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, in each case, based on the standards set forth in the Form of Representation Date Certificate, to the completion by the Distribution Agents Agent of a due diligence review satisfactory to it in its reasonable judgment, judgment and to the continuing satisfaction (or waiver by each of the Distribution Agents Agent in their its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Lakeland Bancorp Inc)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, in each case, based on the standards set forth in the Form of Representation Date Certificate attached hereto as Exhibit 7(1), to the completion by the Distribution Agents Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Distribution Agents Agent in their its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Southern Missouri Bancorp, Inc.)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Distribution Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing satisfaction (or waiver by each of the Distribution Agents in their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, in each case, based on the standards set forth in the Form of Representation Date Certificate attached hereto as Exhibit 7(m), to the completion by the Distribution Agents Agent of a due diligence review satisfactory to it in its reasonable judgment, judgment and to the continuing satisfaction (or waiver by each of the Distribution Agents Agent in their its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (CNB Financial Corp/Pa)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Distribution Agents Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Distribution Agents Agent in their its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, in each case, based on the standards set forth in the Form of Representation Date Certificate, to the completion by the Distribution Agents Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the Distribution Agents Agent in their its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Unity Bancorp Inc /Nj/)
Conditions to the Distribution Agent’s Obligations. The obligations of the applicable Distribution Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Operating Partnership herein, to the due performance by the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Distribution Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing satisfaction (or waiver by each of the such Distribution Agents Agent in their its sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: Equity Distribution Agreement (American Realty Capital Properties, Inc.)
Conditions to the Distribution Agent’s Obligations. The obligations of the Distribution Agents Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Distribution Agents Agent of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing satisfaction (or waiver by each of the Distribution Agents Agent in their sole discretion) of the following additional conditions:
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp)