Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 16 and Section 20 hereof (and all related defined terms) shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: At the Market Issuance Sales Agreement (Cedar Realty Trust, Inc.), At the Market Issuance Sales Agreement (Ashford Hospitality Trust Inc), At the Market Issuance Sales Agreement (Aimco Properties Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 106, Section 11, Section 11(d), Section 12, Section 17, Section 18, Section 21 and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section Sections 8, 10 and 11 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 12, and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)
Liabilities. If this Agreement is terminated pursuant to Section 9(r) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 14, Section 15, Section 17, Section 18, Section 19, Section 24 and Section 20 25 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Liabilities. If this Agreement is terminated pursuant to Section 10(k) or this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 106, Section 11, Section 12, Section 13, Section 18 and Section 20 24 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 12, 16 and Section 20 19 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 106, Section 11, Section 1211(d), Section 12 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as party; provided in Section 8, that Sections 7 and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 8 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (Melco Resorts & Entertainment LTD), Purchase Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 17 and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 17 and Section 20 21 hereof (and all related defined terms) shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1310, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof and except that Sections 1, 7, 8, and except that9, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 13, 14, 15, 16, 18, 19, 20 and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)
Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 21 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 12 and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 13, 14, 20 and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 15 and Section 20 23 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Hawaiian Electric Co Inc), Equity Distribution Agreement (Cree, Inc.), Equity Distribution Agreement (Digimarc CORP)
Liabilities. If this Agreement is terminated pursuant to this Section 1310, such termination shall be without liability of any party to any other party except as provided in Section 5 hereof, and provided further that Sections 1, 7, 8, and except that9, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 13, 14, 15, 16, 18, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 8Sections 2 and 8 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 11 and Section 20 19 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)
Liabilities. If this Agreement is terminated pursuant to Section 9(m) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc), Equity Distribution Agreement (Parkway Properties Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 12 and Section 20 23 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)
Liabilities. If this Agreement is terminated pursuant to Section 10(l) or this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 10, Section 11, Section 12, Section 18 and Section 20 23 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 1216, Section 17, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Genprex, Inc.), Equity Distribution Agreement (PLx Pharma Inc.), Equity Distribution Agreement (PLx Pharma Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 17 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 12 and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 1216, Section 17, Section 23, Section 24 and Section 20 25 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Strongbridge Biopharma PLC)
Liabilities. If this Agreement is terminated pursuant to this Section 1313, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 55, Section 1010, Section 1111, Section 12, 12 and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 12 and Section 20 shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 58, Section 10, Section 11, Section 12, 15 and Section 20 18 hereof shall survive such termination and remain in full force and effect.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Mind Technology, Inc), Equity Distribution Agreement (Mitcham Industries Inc), Equity Distribution Agreement (Mitcham Industries Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 85 hereof, and except that, in the case of any termination of this Agreement, Section 5Sections 8, Section 9, 10, Section 1116, Section 12, 17 and Section 20 18 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Dealer Manager Agreement (Seaport Entertainment Group Inc.), Dealer Manager Agreement (Seaport Entertainment Group Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 87(l) hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 9, 10, Section 11, Section 12, 14 and Section 20 16 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Newtek Business Services Corp.), Equity Distribution Agreement (Hercules Technology Growth Capital Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 16 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 15 and Section 20 17 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Harvest Capital Credit Corp), Equity Distribution Agreement (Harvest Capital Credit Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 10, Section 11, Section 12, 11 and Section 20 19 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Icad Inc), Equity Distribution Agreement (Sorrento Therapeutics, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 8, 9 and except that, in the case of any termination of this Agreement, Section 5, Section 106, Section 11, Section 12, Section 14, Section 15, Section 17, Section 18, Section 19, Section 21 and Section 20 23 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 13Section, such termination shall be without liability of any party to any other party except as provided in Section 87 hereof, and except thatprovided further that Sections 1, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 10 and Section 20 11 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (First National Bank of Commerce), Underwriting Agreement (First National Bank of Commerce)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party Party to any other party Party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13(f), Section 19, Section 20 and Section 20 24 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Olympic Steel Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 8party, and except thatprovided further that Sections 1, in the case of any termination of this Agreement7, Section 5, Section 10, Section 11, Section 12, 8 and Section 20 12 shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Purchase Agreement (Melco Crown Entertainment LTD), Purchase Agreement (Melco Crown Entertainment LTD)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, Section 14, Section 20, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Equity One, Inc.), Equity Distribution Agreement (Equity One, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 shall survive such termination and remain in full force and effect.in
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88(b) hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (Regency Centers Lp)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 23 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Extra Space Storage LP), Equity Distribution Agreement (Extra Space Storage Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 11 and Section 20 19 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Two Harbors Investment Corp.)
Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 87(h) hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 9, Section 10, Section 1116, Section 12, 17 and Section 20 18 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (NexPoint Residential Trust, Inc.), Equity Distribution Agreement (NexPoint Residential Trust, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 15 hereof shall survive such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Duke Energy CORP), Equity Distribution Agreement (Duke Energy CORP)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5. , Section 10, Section 11, Section 12, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 1216, Section 17 and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Liabilities. If this Agreement is terminated pursuant to Section 9(l) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 13, 17, 18, 19, 23, 24, and Section 20 25 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (DXP Enterprises Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, the last sentence of Section 6(b) and Sections 10, Section 11, Section 12, 14, 15, 17, 20, 21, 22 and Section 20 23 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (STAG Industrial, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 16 and Section 20 19 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1313.05, such termination shall be without liability of any party to any other party except as provided in Section 813.01 hereof, provided that Sections 1, 13.02, 13.03, 13.04, 14.08 and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 14.12 shall survive such termination and remain in full force and effect.
Appears in 1 contract
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 56, Section 109, Section 11, Section 12, Section 17 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.)
Liabilities. If this Underwriting Agreement or the applicable Terms Agreement is terminated pursuant to this Section 139, such termination shall be without liability of any party to any other party except as provided in Section 84 hereof, and except that, provided further that Sections 6 and 7 (in the case event of any termination prior to Closing Time) and Sections 1, 6, 7 and 8 (in the event of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 termination subsequent to Closing Time) shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Senior Debt Agreement (Avaya Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 19 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Ares Commercial Real Estate Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 58, Section 10, Section 11, Section 12, 10 and Section 20 16 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Aileron Therapeutics, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 8, 9 and except that, in the case of any termination of this Agreement, Section 5, Section 106, Section 11, Section 12, Section 14, Section 15, Section 17, Section 18, Section 19 and Section 20 21 shall survive such termination and remain in full force and effect.
Appears in 1 contract
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 8party, and except thatprovided further that Sections 1, in the case of any termination of this Agreement7, Section 5, Section 10, Section 11, Section 12, 8 and Section 20 13 shall survive such termination and remain in full force and effect.
Appears in 1 contract
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 8, Section 10, Section 11, Section 12, Section 13, Section 16 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Northwest Natural Holding Co)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 11 and Section 20 19 shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Ellington Financial LLC)
Liabilities. If this Agreement is terminated pursuant to Section 9(k) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Kite Realty Group, L.P.)
Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 87(k) hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 9, 10, Section 11, Section 12, 14 and Section 20 16 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Debt Distribution Agreement (Capital Southwest Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 1313.05, such termination shall be without liability of any party to any other party except as provided in Section 813.01 hereof, PROVIDED that Sections 1, 13.02, 13.03, 13.04, 14.08 and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 14.12 shall survive such termination and remain in full force and effect.
Appears in 1 contract
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party Party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 24 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 16 and Section 20 23 hereof shall survive such termination and remain in full force and effect.
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Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section 6 hereof and except that Sections 1, 8, and except that9, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 14, 15, 16, 18 and Section 20 19 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Underwriting Agreement (Oil States International, Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13Section, such termination shall be without liability of any party to any other party except as provided in Section 813 hereof, and except thatprovided further that Sections 1, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 129, and Section 20 12 shall survive such termination and remain in full force and effect.
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Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall will be without liability of any party to any other party except as provided in Section 4 hereof; provided, that the provisions of Sections 1, 7, 8, 9, 13, 14, 15, 16 and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 17 shall survive such termination and remain in full force and effect.
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Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, and Section 20 21 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 87 hereof, and except that, in the case of any termination of this Agreement, Section 54, Section 9, Section 10, Section 11, Section 12, 11 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (DNP Select Income Fund Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88(b) hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 15 and Section 20 22 hereof shall survive such termination and remain in full force and effect.
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Liabilities. If this Agreement is terminated pursuant to this Section 1314, such termination shall be without liability of any party to any other party except as provided in Section 89, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 13, and Section 20 21 shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 8, 10, Section 1111 through 16, Section 12inclusive, and Section 20 18 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (ONCOSEC MEDICAL Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, Section 15 and Section 20 22 hereof shall survive such termination and remain in full force and effect.
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Liabilities. If this Agreement is terminated pursuant to this Section 1311, such termination shall be without liability of any party to any other party except as provided in Section SECTION 5(b) hereof (which shall survive such termination), and provided further that this SECTION 11(b) and SECTION 8, and except thatSECTION 9, in the case of any termination of this Agreement, Section 5, Section SECTION 10, Section 11SECTION 15, Section 12, SECTION 16 and Section 20 SECTION 17 shall survive such termination and remain in full force and effect.
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Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 8, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 11 and Section 20 19 shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Ellington Financial Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 89 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 106, Section 11, Section 12, Section 17, Section 18, Section 21 and Section 20 22 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)
Liabilities. If this Agreement is terminated pursuant to Section 9(l) or this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section Sections 5, Section 10, Section 11, Section 12, 17, 18 and Section 20 23 hereof, and the obligation herein to pay any discount, commission or other compensation accrued but unpaid, shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (DXP Enterprises Inc)
Liabilities. If this Agreement is terminated pursuant to this Section 1312, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.)
Liabilities. If this Agreement is terminated pursuant to this Section 13, such termination shall be without liability of any party to any other party except as provided in Section 88 hereof, and except that, in the case of any termination of this Agreement, Section 5, Section 10, Section 11, Section 12, 12 and Section 20 hereof shall survive such termination and remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Gramercy Property Trust)
