Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 25 contracts
Samples: Underwriting Agreement (GXO Logistics, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Initial Purchasers and the Company and their respective 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 Initial Purchasers and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 Initial Purchasers and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.
Appears in 25 contracts
Samples: Purchase Agreement (Par Pacific Holdings, Inc.), Purchase Agreement (Archer Daniels Midland Co), Purchase Agreement (New River Pharmaceuticals Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Company, the Manager and their respective 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 and Underwriters, the Company Company, the Manager and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Company, the Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 23 contracts
Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Agency Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Ventas Entities and their respective 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 and the Company Ventas Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company and Ventas Entities, their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 19 contracts
Samples: Underwriting Agreement (Ventas, Inc.), Underwriting Agreement (Ventas, Inc.), Underwriting Agreement (Ventas, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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, the Company and the Company Adviser and their respective successors and the controlling persons, Affiliates, selling agents, 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, the Company and the Company Adviser and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 19 contracts
Samples: Underwriting Agreement (Barings BDC, Inc.), Underwriting Agreement (Kayne Anderson BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Company, the Representatives and any other Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters parties hereto and the Company thereto and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 16 contracts
Samples: Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Transaction Entities and their respective 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 and Underwriters, the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 16 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Parkway Properties Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Agents and the Company and their respective 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 Agents, their respective Affiliates and selling agents, the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 Agents, their respective Affiliates and selling agents, the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 12 contracts
Samples: Terms Agreement (Digital Realty Trust, L.P.), Equity Offeringsm Sales Agreement (Annovis Bio, Inc.), Equity Offeringsm Sales Agreement (Acumen Pharmaceuticals, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Navios Entities and their respective 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 and the Company Navios Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Navios Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 12 contracts
Samples: Underwriting Agreement (Navios Maritime Partners L.P.), Underwriting Agreement (Navios Maritime Partners L.P.), Underwriting Agreement (Navios Maritime Partners L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company 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 and Underwriters, the Company Company, and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Company, and their respective partners and successors, and said controlling personspersons and officers, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Samples: Purchase Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company 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 and Underwriters, the Company Company, and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Company, and their respective partners and successors, and said controlling personspersons and officers, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 9 contracts
Samples: Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP), Main Street Capital CORP
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Company, the Manager and their respective 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 and Underwriters, the Company Company, the Manager and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Company, the Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 9 contracts
Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (CHS Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliatesaffiliates, 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 and the Company and their respective successors, and said controlling persons, Affiliatesaffiliates, selling agents, controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Partnership and their respective 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 and Underwriters, the Company Partnership and their respective successors and the controlling persons, Affiliates, selling agents, officers persons 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 and Underwriters, the Company Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and 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 Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Xxxxxx Parties, their respective successors and assigns and the Company officers, directors, employees, agents, representatives and controlling persons referred to in Section 8 hereof (to the extent provided in Section 8) and their respective successorsheirs, executors, administrators, successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm corporation or corporation, other than the Underwriters and the Company and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, entity any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This ; this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters and the Company parties hereto and their respective successors, successors and assigns and said controlling persons, Affiliates, selling agents, persons and said officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No purchaser of Notes any of the Units from any Underwriter the Underwriters shall be deemed to be construed a successor or assign by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Martin Midstream Partners Lp), Underwriting Agreement (Martin Midstream Partners Lp), Underwriting Agreement (Martin Midstream Partners Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Company and the Company Manager and their respective 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, the Company and the Company Manager and their respective successors and the controlling persons, Affiliates, selling agents, 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, the Company and the Company Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Agents (and, in the case of a Terms Agreement, the Agent or Agents party thereto) and the Company and their respective 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 and the Company parties hereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 7 and 7 8 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 provisions herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters and the Company parties hereto and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Walt Disney Co/, Occidental Petroleum Corp /De/, Walt Disney Co/
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Transaction Entities and their respective 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 and Underwriters, the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Transaction Entities and their respective 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 and Underwriters, the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Sotherly Hotels Inc.), Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (Sotherly Hotels Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Chevy Chase, and their respective 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 and the Company parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company parties and their respective successors, successors and said such controlling persons, Affiliates, selling agents, persons and 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 Notes Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Chevy Chase Bank FSB, Chevy Chase Bank FSB, Chevy Chase Bank FSB
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Depositor and their respective 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 Underwriters and the Company Depositor and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 of this Agreement 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 Underwriters and the Company Depositor and their respective successors, and said controlling persons, Affiliates, selling agents, persons and 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 Notes 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 (Morgan Stanley Capital I Trust 2007-Iq13), Underwriting Agreement (Morgan Stanley Capital I Trust 2007-Iq14), Underwriting Agreement (Morgan Stanley Capital I Trust 2007-Iq16)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Company and the Company Advisor and their respective 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 and Underwriters, the Company Company, the Advisor and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Company, the Advisor and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: THL Credit, Inc., THL Credit, Inc., THL Credit, Inc.
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Transaction Entities and their respective 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 and Underwriters, the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties 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 and Underwriters, the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Company and the Company Manager and their respective 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 and Underwriters, the Company Company, the Manager and their respective successors and the controlling persons, Affiliates, selling agents, 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, the Company, and the Company Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Ag Mortgage (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Ventas Entities and their respective 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 and the Company Ventas Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company Ventas Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters and Underwriters, the Company and FUNB and their respective 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 and Underwriters, the Company and FUNB and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company and FUNB and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (First Union Commercial Mortgage Securities Inc), Underwriting Agreement (First Union Commercial Mortgage Securities Inc), First Union National Bank Com Mort Pas THR Cert Ser 2002 C1
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Agent and the Company Transaction Entities and their respective 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 Agent, its Affiliates and selling agents, the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 Agent, its Affiliates and selling agents, the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Equity Offeringsm Sales Agreement (Armada Hoffler Properties, Inc.), Terms Agreement (Armada Hoffler Properties, Inc.), Equity Offeringsm Sales Agreement (Armada Hoffler Properties, Inc.)
Parties. This Agreement shall each inure to the benefit of and ------- be binding upon the Underwriters and Underwriter, the Company Fund, the Adviser and their respective 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 and Underwriter, the Company Fund, the Adviser and their respective successors and the controlling persons, Affiliates, selling agents, 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 Underwriter, the Fund and the Company Adviser and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes 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 Jersey Insured Fund Iii Inc), Purchase Agreement (Muniholdings New Jersey Insured Fund Iii Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Transaction Entities and their respective 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 and the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections Section 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 and the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and 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 Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Healthcare Trust of America Holdings, LP), Underwriting Agreement (Healthcare Trust of America Holdings, LP), Underwriting Agreement (Healthcare Trust of America Holdings, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliatesaffiliates, selling agents, 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 and the Company and their respective successors, and said controlling persons, Affiliatesaffiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Arthur J. Gallagher & Co.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company LRR Parties and their respective 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 and the Company LRR Parties and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties 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 and the Company LRR Parties and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company THL Entities and their respective 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 and Underwriters, the Company THL Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company THL Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (THL Credit, Inc.), Purchase Agreement (THL Credit, Inc.), Purchase Agreement (THL Credit, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes 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 each of the Underwriters and the Company and Company, their respective successorssuccessors and assigns and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwriters and the Company and parties hereto, their respective successors and assigns and the controlling persons, Affiliates, selling agents, 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 under, or in respect of of, this Agreement or any provision herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters and the Company parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Notes any Shares from any Underwriter the Underwriters shall be deemed construed to be a successor or assign merely by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Webvalley Inc), Underwriting Agreement (Surmodics Inc), Underwriting Agreement (Act Teleconferencing Inc)
Parties. This Agreement shall each and any Terms Agreement will inure to the benefit of and be binding upon the Underwriters you and the Company Sea Containers and their your and its respective successors. Nothing expressed or mentioned in this Agreement or any Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters and the Company parties hereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and Section 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 Terms Agreement, or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters and the Company parties hereto and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall Shares will be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Terms Agreement (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/, Sea Containers LTD /Ny/
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company and their respective 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 and Underwriters, the Company Company, and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors partners 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 and Underwriters, the Company and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors partners and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes the Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Notice Regarding Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Partnership Parties and their respective 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 and Underwriters, the Company Partnership Parties and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and Section 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 and the Company Partnership Parties and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Archrock Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the Underwriters and Underwriter, the Company Fund, the Adviser and their respective 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 and Underwriter, the Company Fund, the Adviser and their respective successors and the controlling persons, Affiliates, selling agents, 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 Underwriter, the Fund and the Company Adviser and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 4 contracts
Samples: Purchase Agreement (Muniholdings California Insured Fund Iv Inc), Purchase Agreement (Muniholdings Insured Fund Iii Inc), Purchase Agreement (Muniholdings Insured Fund Ii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company THL Entities and their respective 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 and Underwriters, the Company THL Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company THL Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.)
Parties. This Agreement shall each both inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Company, the Manager and their respective 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 and Underwriters, the Company Company, the Manager and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Company, the Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Partnership Parties and their respective 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 and the Company Partnership Parties and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company Partnership Parties and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Partnership and their respective 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 and the Company Partnership and their respective successors and the controlling persons, Affiliates, selling agents, officers persons 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 and the Company Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and 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 Notes Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Atlas Pipeline Partners Lp), Underwriting Agreement (Atlas Pipeline Partners Lp), Underwriting Agreement (Atlas Pipeline Partners Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (TriState Capital Holdings, Inc.), Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (Iberiabank Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (Iberiabank Corp)
Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters and Underwriter, the Company Fund, the Adviser and their respective 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 and Underwriter, the Company Fund, the Adviser and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, 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 Underwriter, the Fund and the Company Adviser and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Muniholdings Insured Fund Ii Inc), Purchase Agreement (Muniholdings Insured Fund Iv Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Ii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Selling Shareholders and the Company and Company, their respective successorssuccessors and assigns and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwriters and the Company and parties hereto, their respective successors and assigns and the controlling persons, Affiliates, selling agents, 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 under, or in respect of of, this Agreement or any provision herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters and the Company parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Notes any Shares from any Underwriter the Underwriters shall be deemed to be construed a successor or assign merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Sportsmans Guide Inc, Sportsmans Guide Inc, Sportsmans Guide Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Issuer, the Company and their respective 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 and Underwriters, the Issuer, the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Issuer, the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Fibria Celulose S.A.), Underwriting Agreement (Fibria Celulose S.A.), Underwriting Agreement (Fibria Celulose S.A.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective successorssuccessors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters and Underwriters, the Company and their respective successors and assigns and the controlling persons, Affiliates, selling agents, 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 and the Company and their respective successorssuccessors and assigns, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Pacific Premier Bancorp Inc), Underwriting Agreement (Lakeland Bancorp Inc), Underwriting Agreement (Financial Institutions Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Agents and the Company and their respective 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 Agents, each of their Affiliates and selling agents, the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 Agents, each of their Affiliates and selling agents, the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 6 and 7 hereof 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and 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 Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: National Oilwell (National Oilwell Varco Inc), Underwriting Agreement (National Oilwell Varco Inc), Underwriting Agreement (FMC Technologies Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Partnership Parties and their respective 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 and Underwriters, the Company Partnership Parties and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company Partnership Parties and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (OCI Partners LP), Underwriting Agreement (OCI Partners LP), Purchase Agreement (Boardwalk Pipelines Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the several Underwriters and the Company and Company, their respective successorssuccessors and assigns, and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwriters and the Company and parties hereto, their respective successors and assigns, and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy remedy, or claim under under, or in respect of of, this Agreement or any provision herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters and the Company parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Notes any Shares from any Underwriter the Underwriters shall be deemed to be construed a successor or assign merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Fieldworks Inc), Underwriting Agreement (Fieldworks Inc), Industrial Rubber Products Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Transaction Entities and their respective 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 and the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company and Yield LLC and their respective 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 and Underwriters, the Company and Yield LLC and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company and Yield LLC and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (NRG Yield, Inc.), Underwriting Agreement (NRG Yield, Inc.), Underwriting Agreement (NRG Yield, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Company, and their respective 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 and Underwriters, the Company Company, and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 6 Section 7 and 7 8 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 and Underwriters, the Company Company, and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company Transaction Entities and their respective 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 and Underwriters, the Company Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers 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 and Underwriters, the Company Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (RLJ Lodging Trust), Underwriting Agreement (RLJ Lodging Trust), Purchase Agreement (RLJ Lodging Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company and their respective 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 and Underwriters, the Company and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections Section 6 hereof and Section 7 hereof 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 and Underwriters, the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and 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 Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Ugi Corp /Pa/), Underwriting Agreement (DENNY'S Corp), Underwriting Agreement (BOSTON OMAHA Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company and their respective 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 and Underwriters, the Company and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees 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 and Underwriters, the Company and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (LXP Industrial Trust), Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections Section 6 hereof and Section 7 hereof 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and 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 Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Connecticut Water Service Inc / Ct)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriter, the Company Fund, the Adviser and their respective 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 and Underwriter, the Company Fund, the Adviser and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, 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 Underwriter, the Fund and the Company Adviser and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Corporate High Yield Fund Iv), Market Participation Principal Protection Fund Inc, Corporate High Yield Fund v Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Manager and the Company and their respective 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 Manager, the Company and the Company Adviser and their respective successors and the controlling persons, Affiliatesofficers, selling agents, officers directors and directors other persons 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 Manager, the Company and the Company Adviser and their respective successors, and said controlling persons, Affiliatesofficers, selling agents, officers directors and directors other persons referred to in Sections 7 and 8 and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Shares from any Underwriter Manager shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Distribution Agreement (Goldman Sachs BDC, Inc.), Equity Distribution Agreement (Goldman Sachs BDC, Inc.), Distribution Agreement (Goldman Sachs BDC, Inc.)
Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters and the Trust and the Company and their respective 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 and the Trust and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Trust and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Bank One Capital V), Underwriting Agreement (Bank One Corp), Underwriting Agreement (First Chicago NBD Capital Iv)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling personssuccessors, 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 and the Company and their respective successors, and said controlling personsAffiliates, Affiliatespartners, selling agents, controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes 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 Underwriters and the Company parties hereto and their respective 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 and Initial Purchasers, the Operating Partnership, the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 parties hereto and the Company thereto and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representativesrepresentatives and the Company, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Simon Property Group L P /De/), Purchase Agreement (Simon Property Group L P /De/), Purchase Agreement (Simon Property Group L P /De/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Company and the Company Bank and their respective 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, the Company and the Company Bank and their respective successors and the controlling persons, Affiliates, selling agents, 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, the Company and the Company Bank and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (State National Bancshares, Inc.), Purchase Agreement (SNB Bancshares Inc), Harris Preferred Capital Corp
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriter and the Company and their respective 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 Company and their respective successors and the controlling personssuccessors, 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 Underwriter and the Company and their respective successors, and said controlling personsAffiliates, Affiliatespartners, selling agents, controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes 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 (Valley National Bancorp), United Bankshares Inc/Wv
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, officers officers, directors and directors employees 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers officers, directors and directors employees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Hexcel Corp /De/), Underwriting Agreement (Hexcel Corp /De/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company XXXX Parties and their respective 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 and the Company XXXX Parties and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company XXXX Parties and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP)
Parties. This Agreement and any Terms Agreement shall each inure to the benefit of and be binding upon the Underwriters each Agent and the Company and their respective successors. Nothing expressed or mentioned in this Agreement or any Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters and the Company parties hereto and their respective successors and the controlling persons, Affiliates, selling agents, 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 Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters parties hereto and the Company thereto and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Distribution Agreement (Bear Stearns Companies Inc), Distribution Agreement (Bear Stearns Companies Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Agents and the Company and their respective 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 Agents, their respective Affiliates and selling agents, the Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors trust managers 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 Agents, their respective Affiliates and selling agents, the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors trust managers and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Company, and the Company Underwriters and their respective 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 and Underwriters, the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters parties hereto and the Company thereto and their respective successorssuccessors and legal representatives, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Michigan Consolidated Gas Co /Mi/), Purchase Agreement (Michigan Consolidated Gas Co /Mi/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and LSLLC and their respective 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 and the Company and LSLLC and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company and LSLLC and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Light Sciences Oncology Inc), Underwriting Agreement (Light Sciences Oncology Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and DFH LLC and their respective 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 and the Company and DFH LLC and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company and DFH LLC and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Dream Finders Homes, Inc.), Underwriting Agreement (Dream Finders Homes, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Initial Purchasers and the Company and their respective 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 Initial Purchasers and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 Initial Purchasers and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Fei Co), Purchase Agreement (Language Line Holdings, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Enbridge Parties and their respective 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 and the Company Enbridge Parties and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company Enbridge Parties and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Midcoast Energy Partners, L.P.), Underwriting Agreement (Midcoast Energy Partners, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors and other indemnified persons 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and indemnified persons and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Ii-Vi Inc), Ii-Vi Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Offerors and their respective 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 and the Company Offerors and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, 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 containedcontained herein. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters and the Company and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors Trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Kaufman & Broad Home Corp), KBHC Financing I
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company DB Entities and their respective 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 and the Company DB Entities and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 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 containedcontained herein. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters and the Company DB Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Trust Preferred Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Deutsche Bank Contingent Capital LLC III), Purchase Agreement (Deutsche Bank Contingent Capital LLC V)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company and Clearway LLC and their respective 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 and Underwriters, the Company and Clearway LLC and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company and Clearway LLC and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes 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 the Underwriters Underwriters, the Manager and the Company and their respective 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, the Manager and the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 Underwriters, the Company and the Company Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Management Agreement (Starwood Property Trust, Inc.), August (Starwood Property Trust, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Company and the Company Manager and their respective 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, the Company and the Company Manager and their respective successors and the controlling persons, Affiliates, selling agents, 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 Underwriters, the Company and the Company Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Chicago Atlantic Real Estate Finance, Inc.), Underwriting Agreement (AFC Gamma, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 any other person who may be an Indemnified Person, 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors directors, and any other person who may be an Indemnified Person, and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Gold Standard Ventures Corp.), Underwriting Agreement (Gold Standard Ventures Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company and Nationstar LLC and their respective 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 and Underwriters, the Company and Nationstar LLC and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company and Nationstar LLC and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Nationstar Mortgage Holdings Inc.), Underwriting Agreement (Nationstar Mortgage Holdings Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Company, the Principal Shareholder and their respective 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 and Underwriters, the Company and their its respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company Company, the Principal Shareholder and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representativesRepresentative, and for the benefit of no other person, firm or corporation. . No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Wowo LTD), Underwriting Agreement (Wowo LTD)
Parties. This Agreement shall each inure to the benefit of and be binding upon Baird, the Underwriters and Company, the Company Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than Baird, the Underwriters and Company, the Company Operating Partnership and their respective successors and the controlling persons, Affiliates, selling agents, 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 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 Baird, the Underwriters and Company, the Company Operating Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter Baird shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Selling Securityholders and the Company and their respective 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 and Underwriters, the Selling Securityholders, the Company and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 other Indemnified Parties 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 Underwriters, the Selling Securityholders and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors the 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 Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Spire Inc), Underwriting Agreement (Spire Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Depositor and their respective 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 Underwriters and the Company Depositor and their respective successors and the controlling persons, Affiliates, selling agents, 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 Underwriters and the Company Depositor and their respective successors, and said controlling persons, Affiliates, selling agents, persons and 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 Notes Certificates 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 (Commercial Mortgage Pass Through Certificates Series 1998 C1), Underwriting Agreement (Commercial Mortgage Acceptance Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the several Underwriters and the Company and their respective successorsexecutors, administrators, successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwriters and the Company parties hereto and their respective executors, administrators, successors and assigns, and the controlling persons, Affiliates, selling agentspersons within the meaning of the Act or the Exchange Act, officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesSection 8 hereof, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision provisions herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters and the Company parties hereto and their respective successorsexecutors, administrators, successors and assigns and said controlling persons, Affiliates, selling agents, persons and said officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Notes any of the Shares from any Underwriter shall be deemed to be construed a successor or assign by reason merely of such purchase. request, notice or agreement made or given by you jointly or by Robexxxxx, Xxepxxxx & Xompany LLC on behalf of you.
Appears in 2 contracts
Samples: Alkermes Inc, Alkermes Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriter[s] named herein and the Company and their respective 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 and the Company parties hereto, and their respective successors and the controlling persons, Affiliates, selling agents, 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 provisions herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters parties hereto and the Company thereto and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any [any] [the] Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Terms Agreement (Goldman Sachs Asset Backed Securities Corp), Underwriting Agreement (Gs Mortgage Securities Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters and the Company Operating Partnership and their respective 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 and the Company Operating Partnership and their respective successors and the controlling persons, Affiliates, selling agents, 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 and the Company Operating Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective 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 and the Company and their respective successors and the controlling 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 and the Company and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Select Bancorp, Inc.), Underwriting Agreement (CenterState Banks, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company DB Entities and their respective 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 and the Company DB Entities and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections SECTION 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 and the Company DB Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Trust Preferred Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Deutsche Bank Capital Funding Trust X), Purchase Agreement (Deutsche Bank Capital Funding LLC IX)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriters, the Company and the Company Parent and their respective 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, the Company and the Company Parent and their respective successors and the controlling persons, Affiliates, selling agents, 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, the Company and the Company Parent and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Agenus Inc), MiNK Therapeutics, Inc.
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company Offerors and their respective 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 and the Company Offerors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 1, 6 and 7 of this Agreement 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 in this Agreement. This Agreement and all conditions and provisions hereof of this Agreement are intended to be for the sole and exclusive benefit of the Underwriters and the Company Offerors and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes 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 (Sterling Bancshares Inc), Underwriting Agreement (Sterling Bancshares Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Underwriter, the Company and the Company Selling Stockholder and their respective 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, the Company and the Company Selling Stockholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors 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 Underwriter, the Company and the Company Selling Stockholder and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes 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 (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Distribution Agents and the Company Company, and their respective 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 and Distribution Agents the Company and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates 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 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 Distribution Agents, the Underwriters and the Company Company, and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes Securities from any Underwriter Distribution Agents shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters and Underwriters, the Company First Eagle Entities and their respective 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 and Underwriters, the Company First Eagle Entities and their respective successors and the controlling persons, Affiliates, selling agents, 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 and Underwriters, the Company First Eagle Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters Agents and the Company and their respective 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 Agents, their respective Affiliates and selling agents, the Company and their respective successors and the controlling persons, Affiliates, selling agents, 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 Agents, their respective Affiliates and selling agents, the Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Distribution Agreement (American Honda Finance Corp), Distribution Agreement (American Honda Finance Corp)
