Covenants of the Placement Agent. The Placement Agent covenants and agrees as follows:
Covenants of the Placement Agent. The Placement Agent covenants and agrees with the Offerors that, during the period from the date of this Agreement to the Closing Date, the Placement Agent shall use its best efforts and take all action necessary or appropriate to cause its representations and warranties contained in Section 5 to be true as of the Closing Date, after giving effect to the transactions contemplated by this Agreement, as if made on and as of the Closing Date. The Placement Agent further covenants and agrees not to engage in hedging transactions with respect to the Preferred Securities unless such transactions are conducted in compliance with the Securities Act.
Covenants of the Placement Agent. The Placement Agent covenants and agrees:
Covenants of the Placement Agent. (a) The Placement Agent has not distributed and will not distribute any offering material in connection with the Offering and sale of the Securities other than the Base Prospectus, any Prelininary Prospectus and the Prospectus Supplement or the Registration Statement and copies of the documents incorporated by reference therein and the Subscription Agreement in the form approved by the Company.
Covenants of the Placement Agent. (a) The Placement Agent shall offer and sell the Shares only to “accredited investors,” as that term is defined in Rule 501(a) promulgated under the Securities Act.
Covenants of the Placement Agent. The Placement Agent covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) a free writing prospectus prepared by or on behalf of the Placement Agent that otherwise would not be required to be filed by the Company thereunder, but for the action of the Placement Agent.
Covenants of the Placement Agent. The Placement Agent covenants to and agrees with the Managing Owner, the Trust and each Fund to:
Covenants of the Placement Agent. (i) The Placement Agent will not accept the subscription of any person unless immediately before accepting such subscription the Placement Agent has reasonable grounds to believe and does believe that (A) such person is an accredited investor and (B) all representations made and information furnished by such person in the Subscription Agreement and related documents are true and correct in all material respects. The Placement Agent agrees to notify the Company promptly if the Placement Agent shall, at any time during the period after delivery of the documents furnished by such person to the Company in connection with subscription for Shares and immediately before the sale of Shares to such person, no longer reasonably believes one or more of the foregoing matters with respect to such person.
Covenants of the Placement Agent. In addition to all other covenants and agreements of the Placement Agent set forth in this Agreement, you covenant and agree as follows:
Covenants of the Placement Agent. On the basis of, and in reliance on, the representations, warranties and covenants of the Purchasers set forth in the Subscription Documents, the Placement Agent hereby covenants with the Company as follows:
