Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 34 contracts
Samples: At the Market Equity Offering Sales Agreement (Arcellx, Inc.), Capital on Demand Sales Agreement (MEI Pharma, Inc.), At the Market Equity Offering Sales Agreement (PHX Minerals Inc.)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 13 contracts
Samples: At the Market Equity Offering Sales Agreement (Cue Biopharma, Inc.), At the Market Equity Offering Sales Agreement (Cue Biopharma, Inc.), At the Market Equity Offering Sales Agreement (Cue Biopharma, Inc.)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent Agents as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 10 contracts
Samples: At the Market Equity Offering Sales Agreement (MEI Pharma, Inc.), At the Market Equity Offering Sales Agreement (Xenon Pharmaceuticals Inc.), At the Market Equity Offering Sales Agreement (Xenon Pharmaceuticals Inc.)
Deemed Representation. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Highwoods Realty LTD Partnership), Equity Distribution Agreement (Highwoods Realty LTD Partnership), Equity Distribution Agreement (Highwoods Realty LTD Partnership)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Manager or to counsel for the Agent Manager pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent Manager as to the matters covered thereby as of the date or dates indicated in such certificatethereby.
Appears in 7 contracts
Samples: Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement or any applicable Terms Agreement shall be deemed a representation and warranty by the Company to the Agent Agents as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 3 contracts
Samples: At the Market Equity Offering Sales Agreement (Viking Therapeutics, Inc.), At the Market Equity Offering Sales Agreement (Biospecifics Technologies Corp), At the Market Equity Offering Sales Agreement (Viking Therapeutics, Inc.)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or the Forward Purchaser or to counsel for the Agent or the Forward Purchaser pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent or the Forward Purchaser as to the matters covered thereby as of the date or dates indicated in such certificatethereby.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Affiliated Managers Group, Inc.), Equity Distribution Agreement (Affiliated Managers Group, Inc.), Equity Distribution Agreement (Affiliated Managers Group, Inc.)
Deemed Representation. Any certificate signed by any officer of the Company Trust delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company Trust to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 3 contracts
Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust), Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust), Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or to counsel for the Agent Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent Agents as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 2 contracts
Samples: At the Market Equity Distribution Agreement (TMC the Metals Co Inc.), At the Market Equity Distribution Agreement (W&t Offshore Inc)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty hereunder by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 2 contracts
Samples: At the Market Equity Offering Sales Agreement (ClearPoint Neuro, Inc.), At the Market Equity Offering Sales Agreement (Pulse Biosciences, Inc.)
Deemed Representation. Any certificate signed by any an officer or other authorized signatory of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent Agents as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/), Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)
Deemed Representation. Any certificate signed by any officer of the Company on behalf of the Company and delivered to the Agent Managers or to counsel for the Agent pursuant to or Managers in connection with this Agreement or any Terms Agreement the offering of the Shares shall be deemed a representation and warranty by the Company to the Agent Company, as to the matters covered thereby as of the date or dates indicated in thereby, to such certificateManager.
Appears in 2 contracts
Samples: Equity Distribution Agreement (3d Systems Corp), Equity Distribution Agreement (Targa Resources Corp.)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty hereunder by the Company to the Agent Agents as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Pulse Biosciences, Inc.), At the Market Equity Offering Sales Agreement (Angion Biomedica Corp.)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Representatives or to counsel for the Agent Underwriters pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: Placement Agency Agreement (Valley National Bancorp)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Reata Pharmaceuticals Inc)
Deemed Representation. Any certificate signed by any officer of the Company Fund delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company Fund to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Cushing Royalty & Income Fund)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or to counsel for the Agent pursuant to or in connection with as required by this Agreement or any Terms Agreement shall be deemed a representation and warranty by each member of the Company Group to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Horsehead Holding Corp)
Deemed Representation. Any certificate signed by any officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: Equity Distribution Agreement (Valley National Bancorp)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement (or any applicable Terms Agreement Agreement) shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: At the Market Equity Offering Sales Agreement (Endologix Inc /De/)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Placement Agents or to counsel for the Agent Placement Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent Placement Agents as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Deemed Representation. Any certificate signed by any an officer of the Company or an authorized representative of the Operating Partnership delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by such entity or person, as the Company case may be, to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Retail Opportunity Investments Corp)
Deemed Representation. Any certificate signed by any officer of the Company delivered to the Agent Representative or to counsel for the Agent Underwriters pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company to the Agent as to the matters covered thereby as of the date or dates indicated in such certificate.
Appears in 1 contract
Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)
