Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 23 contracts
Samples: Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc), Underwriting Agreement (Highland Income Fund\ma)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesRepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representativesRepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 18 contracts
Samples: Purchase Agreement (Cohen & Steers Advantage Income Realty Fund Inc), Purchase Agreement (Cohen & Steers Advantage Income Realty Fund Inc), Purchase Agreement (Cohen & Steers Quality Income Realty Fund Inc)
Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and thereto and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 15 contracts
Samples: Purchase Agreement (Muniholdings New Jersey Insured Fund Inc), Purchase Agreement (Debt Strategies Fund Inc), Purchase Agreement (Debt Strategies Fund Iii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser and the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser and the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 13 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundTrust, and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Samples: Underwriting Agreement (Bank of America Corp /De/), Underwriting Agreement (Bank of America Corp /De/), Underwriting Agreement (Bank of America Corp /De/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Samples: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: u.s. Purchase Agreement (Cd Radio Inc), u.s. Purchase Agreement (Dial Corp /New/), u.s. Purchase Agreement (Northern States Power Co /Mn/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Purchase Agreement (Cohen & Steers Quality Income Realty Fund Inc), Purchase Agreement (Cohen & Steers Reit & Utility Income Fund Inc), Purchase Agreement (Cohen & Steers Select Utility Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto or thereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2019-4), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2019-3), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2019-2)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and Chevy Chase, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners successors and successors, and said such controlling persons and officers, officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Chevy Chase Bank FSB), Underwriting Agreement (Chevy Chase Bank FSB), Underwriting Agreement (Chevy Chase Bank FSB)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (CM Finance Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Noranda Aluminum Holding CORP), Underwriting Agreement (Noranda Aluminum Holding CORP), Underwriting Agreement (Noranda Aluminum Holding CORP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Calamos Dynamic Convertible & Income Fund), Underwriting Agreement (Alpine Total Dynamic Dividend Fund), Underwriting Agreement (Calamos Strategic Total Return Fund)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Ameristar Casinos Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Agl Resources Inc), Underwriting Agreement (Agl Resources Inc), Underwriting Agreement (Agl Resources Inc)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 5 contracts
Samples: Purchase Agreement (Muniholdings New York Insured Fund Iii Inc), Purchase Agreement (Muniholdings California Insured Fund Iv Inc), Purchase Agreement (Muniholdings Insured Fund Iii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Wachovia Comm Mort Sec Inc Pass THR Certs Ser 2003-C9), Underwriting Agreement (Wachovia Commercial Mort Sec Inc Com Mor Ps THR Cer Se 03-C8), Underwriting Agreement (Wachovia Bank Commercial Mortgage Trust Series 2004-C15)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.)
Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: u.s. Purchase Agreement (Fox Entertainment Group Inc), u.s. Purchase Agreement (Boston Properties Inc), u.s. Purchase Agreement (Blackrock Inc /Ny)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Advisor and their respective successors and the controlling persons and officers and directors officers, directors, employees or Affiliates referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors, and said controlling persons and officers, directors directors, employees or Affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporationPerson. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 SECTION 7 and 7 SECTION 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons persons, Affiliates, selling agents, officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (First Mid Illinois Bancshares Inc), Underwriting Agreement (Sb Financial Group, Inc.), Underwriting Agreement (BCB Bancorp Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundDepositor and HSBC Finance, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 9 and 7 10 above and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (HSBC Home Equity Loan CORP II), Underwriting Agreement (HSBC Home Equity Loan Trust (USA) 2006-3), Underwriting Agreement (HSBC Home Equity Loan Trust (USA) 2007-3)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (New Fortress Energy LLC), Underwriting Agreement (New Fortress Energy LLC), Underwriting Agreement (New Fortress Energy LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and the Trust, the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Nb Capital Trust Iv), Underwriting Agreement (Nb Capital Trust Iii), Underwriting Agreement (Nb Capital Trust V)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and their respective successors successors, Affiliates, selling agents and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors successors, affiliates (as indicated) and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, affiliates (as indicated) and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Eagle Bulk Shipping Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Advisor and their respective successors and the controlling persons and officers and directors officers, directors, employees or Affiliates referred to in Sections 6 Section 7 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors, and said controlling persons and officers, directors directors, employees or Affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporationPerson. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers officers, trustees and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Keystone Property Trust), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundTrust, the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundTrust, the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundTrust, the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (National City Corp), Purchase Agreement (National City Corp), Purchase Agreement (National City Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Trust and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Hutchison China MediTech LTD), Underwriting Agreement (CK Hutchison Holdings LTD), Underwriting Agreement (Ladish Co Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the successors, Affiliates, partners, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said Affiliates, partners, selling agents, controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Valley National Bancorp), Purchase Agreement (Valley National Bancorp), Underwriting Agreement (Valley National Bancorp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Retail Opportunity Investments Partnership, LP), Underwriting Agreement (Retail Opportunity Investments Partnership, LP), Underwriting Agreement (Retail Opportunity Investments Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Guarantors and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Guarantors and the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, successors and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Kb Home), Underwriting Agreement (Kb Home), Underwriting Agreement (Kb Home)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundDiamond Growers, the Adviser Diamond Foods, and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundDiamond Growers, the Adviser Diamond Foods and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundDiamond Growers, the Adviser Diamond Foods and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Diamond Foods Inc), Purchase Agreement (Diamond Foods Inc), Purchase Agreement (Diamond Foods Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Depositor and their its respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, Underwriters any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 7 and 8 and their heirs and legal representatives, Underwriters and for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Ml Asset Backed Corp), Underwriting Agreement (Ml Asset Backed Corp), Underwriting Agreement (Pooled Auto Securities Shelf LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (MF Global Finance North America Inc.), Underwriting Agreement (Agl Resources Inc), Underwriting Agreement (Agl Resources Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Transaction Entities and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Transaction Entities and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Transaction Entities and their respective partners and successors, and said controlling persons and officers, directors and general partner and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (American Healthcare REIT, Inc.), Underwriting Agreement (American Healthcare REIT, Inc.), Underwriting Agreement (American Healthcare REIT, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriter and the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesrepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representativesrepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Gabelli Healthcare & WellnessRx Trust), Underwriting Agreement (Tortoise Energy Capital Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Chartwell Dividend & Income Fund Inc), Purchase Agreement (Chartwell Dividend & Income Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Operating Partnership and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Operating Partnership and the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Operating Partnership and the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Retail Opportunity Investments Partnership, LP), Underwriting Agreement (Retail Opportunity Investments Partnership, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundTrust, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 and Section 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Preferred Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Alabama Power Capital Trust I)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, trustees and directors general partner referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, directors trustees and general partner and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Muniholdings Pennsylvania Insured Fund), Purchase Agreement (Muniholdings Florida Insured Fund Iv)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Gabelli Equity Trust Inc), Purchase Agreement (Gabelli Global Gold, Natural Resources & Income Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Purple Innovation, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Preferred Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Calamos Global Dynamic Income Fund), Underwriting Agreement (Calamos Strategic Total Return Fund)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Nextlink Communications Inc / De), Underwriting Agreement (Nextlink Communications Inc / De)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser QEP Entities and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser QEP Entities and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser QEP Entities and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (QEP Midstream Partners, LP), Underwriting Agreement (QEP Midstream Partners, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Nextlink Communications LLC), Underwriting Agreement (Nextlink Communications LLC)
Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, BJK&E and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, BJK&E and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, BJK&E and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Poppe Tyson Inc), Purchase Agreement (Poppe Tyson Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section [8] and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Afs Sensub Corp.), Underwriting Agreement (Afs Sensub Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Cornerstone Progressive Return Fund), Underwriting Agreement (Cornerstone Progressive Return Fund)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the FundCarMax, the Adviser Depositor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCarMax, the Adviser Depositor and their respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCarMax, the Adviser Depositor and their respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 6 and 7 and their heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Carmax Auto Funding LLC), Underwriting Agreement (Carmax Auto Funding LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser Manager and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Columbia Seligman Premium Technology Growth Fund, Inc.), Underwriting Agreement (Seligman Premium Technology Growth Fund, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (AllianzGI Convertible & Income Fund), Underwriting Agreement (AllianzGI Convertible & Income Fund II)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and its successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective its successors and the controlling persons persons, affiliates and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment and their respective partners and its successors, and said controlling persons persons, affiliates and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Cohen & Steers MLP Income & Energy Opportunity Fund), Underwriting Agreement (Cohen & Steers LTD Duration Preferred & Income Fund, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Xxxxxxxx and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C17), Underwriting Agreement (Wachovia Commercial Mortgage Securities Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Transaction Entities and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Transaction Entities and their respective successors and the Affiliates, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Transaction Entities and their respective partners and successors, and said Affiliates, selling agents, controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor solely by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement (Imperial Capital Group, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Delek US Holdings, Inc.), Underwriting Agreement (Delek US Holdings, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Company and Clearway LLC and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Clearway LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Clearway LLC and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Clearway Energy, Inc.), Underwriting Agreement (Clearway Energy LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and MLMLI and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and MLMLI and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and MLMLI and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Merrill Lynch Mortgage Investors Inc), Underwriting Agreement (Merrill Lynch Mort Inv Inc Com MRT Pas THR Cert Ser 2002 Mw1)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the UnderwritersUnderwriter, ML&Co. and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, ML&Co. and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 4 and 7 5 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, ML&Co. and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Registration Agreement (Merrill Lynch & Co Inc), Registration Agreement (Ciber Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (TreeHouse Foods, Inc.), Purchase Agreement (TreeHouse Foods, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, each of the Adviser Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Advisers and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Advisers and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (S&P 500 Covered Call Fund Inc.), Purchase Agreement (Small Cap Premium & Dividend Income Fund, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, trustees and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, directors trustees and general partner and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Muniholdings Florida Insured Fund Iv), Purchase Agreement (Muniholdings Pennsylvania Insured Fund)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany and the Selling Shareholder, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Eastshore Aviation, LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter and the Trust, the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriter and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 and 7 and their heirs and legal representativesUnderwriter, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representativesUnderwriter, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Resource Capital Trust I), Underwriting Agreement (Highlands Capital Trust I)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Equity One, Inc.), Purchase Agreement (Equity One, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors, and said controlling persons personx xxx xxficers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C23), Underwriting Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C30)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Samples: Underwriting Agreement (Condor Hospitality Trust, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Operating Partnership and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Operating Partnership and the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Operating Partnership and the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, including any substitute Underwriter pursuant to Section 8 hereto. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor “successor” merely by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCapital Parties, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Partnership and Capital Maritime and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesRepresentatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Partnership and Capital Maritime and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representativesRepresentatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Samples: Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2020-3)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the FundCompany, the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and Chevy Chase, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 10 and 7 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners successors and successors, and said such controlling persons and officers, officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Investment Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Investment Adviser and their respective successors and the controlling persons and directors and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Investment Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Samples: Underwriting Agreement (Brookfield Mortgage Opportunity Income Fund Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the FundCompany, the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany, the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the FundCompany, the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Transaction Entities and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Transaction Entities and their respective successors and the controlling persons and officers and trustees/directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Transaction Entities and their respective partners and successors, and said controlling persons and officers, officers and trustees/directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective successors successors, and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Advisor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Advisor and their respective successors and the controlling persons and persons, employees, affiliates, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Advisor and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Samples: Underwriting Agreement (Tortoise Energy Capital Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Company and Stripes Holdings and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Stripes Holdings and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Stripes Holdings and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Depositor and the Adviser Issuer and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporationentity, other than the UnderwritersUnderwriter, the Fund, Depositor and the Adviser Issuer and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and 8 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Depositor and the Adviser Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm Person or corporationentity. No purchaser of Shares Certificates from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Samples: Underwriting Agreement (Mid America Capital Partners L P)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany and the Trust, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany and the Trust, the Adviser and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, and the Adviser Trust, and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.other
Appears in 1 contract
Samples: Purchase Agreement (Arvin Capital I)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesRepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representativesRepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Samples: Purchase Agreement (Mbia Capital Claymore Man Dur Inv GRD Muni Fund)
