Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the 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, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective successors, and said 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 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 Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Representatives and the other Underwriters and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 21 contracts
Samples: Underwriting Agreement (Viacom Inc.), Underwriting Agreement (Viacom Inc.), Underwriting Agreement (Viacom Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Ventas Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriters and the Ventas Entities, the Company, the Manager and their respective successors, and said 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 Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 20 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, the Company, the Manager Significant Guarantors and any Underwriter who becomes a party 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, the Company, the Manager parties hereto and their respective successors and the controlling 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 herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwritersparties hereto, the Company, the Manager and their respective successors, successors and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 19 contracts
Samples: Underwriting Agreement (Fedex Corp), Underwriting Agreement, Underwriting Agreement (Fedex Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, the Company, Company and the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Adviser and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 19 contracts
Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Barings BDC, Inc.), Underwriting Agreement (Kayne Anderson BDC, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Representatives and any other 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, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein 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, the Company, the Manager parties hereto and thereto and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 17 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, the Company, the Manager 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, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said 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 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 (Hudson Pacific Properties, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons and Affiliates, selling agents, officers and directors and controlling 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, Underwriters and the Company, the Manager Company and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 14 contracts
Samples: Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (CNB Financial Corp/Pa), Underwriting Agreement (Triumph Bancorp, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Agents and the Company, the Manager 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 UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors, and said 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 Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 12 contracts
Samples: Atm Equity Offering Sales Agreement (Digital Realty Trust, L.P.), Atm Equity Offering Sales Agreement (Annovis Bio, Inc.), Atm Equity Offering Sales Agreement (Acumen Pharmaceuticals, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, Underwriters and the Company, the Manager Navios Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Navios Entities and their respective successors, and said 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 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, the Company, the Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective partners and successors, and said controlling persons and officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities 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, the 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, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective successors, and said 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 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, the Company, the Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective partners and successors, and said controlling persons and officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of 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), Underwriting Agreement (Main Street Capital CORP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the 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, the Company, the Manager Company and their respective successors successors, Affiliates, selling agents and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 9 contracts
Samples: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling 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, the Company, the Manager and their respective partners and successors, and said controlling persons and officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersAgents (and, in the case of a Terms Agreement, the Company, Agent or Agents party thereto) and the Manager 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, the Company, the Manager parties hereto and their respective successors and the controlling 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, the Company, the Manager parties hereto and their respective successors, successors and said 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 Securities from any Underwriter Notes shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Distribution Agreement (Walt Disney Co/), Distribution Agreement (Occidental Petroleum Corp /De/), Distribution Agreement (Occidental Petroleum Corp /De/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager Partnership and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Partnership and their respective successors, and said controlling persons and officers 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 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, the CompanyXxxxxx Parties, their respective successors and assigns and the Manager 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, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, 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, the Company, the Manager parties hereto and their respective successors, successors and assigns and said controlling 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 Securities 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, the Company, Company and 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, the Company, Company and the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager and their respective successors, and said 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 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, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the affiliates, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said affiliates, 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 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, the Company, the Manager 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, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said 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 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, the Company, the Manager 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, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said 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 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, the Company, Company and the Manager 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, the Company, the Manager Advisor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Advisor and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (THL Credit, Inc.), Debt Underwriting Agreement (THL Credit, Inc.), Debt Underwriting Agreement (THL Credit, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Depositor and their respective successors and the controlling 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, Underwriters and the Company, the Manager Depositor and their respective successors, and said controlling 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 Securities 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-Iq14), Underwriting Agreement (Morgan Stanley Capital I Trust 2006-Iq11), Underwriting Agreement (Morgan Stanley Capital I Trust 2007-Iq13)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers 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 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 UnderwritersXxxxx Fargo, the Company, the Manager 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 UnderwritersXxxxx Fargo, the Company, the Manager Company and their respective successors and the controlling persons and officers officers, trustees 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 the UnderwritersXxxxx Fargo, the Company, the Manager Company and their respective successors, and said controlling persons and officers officers, trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxx Fargo shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Ventas Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Ventas Entities and their respective successors, and said 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 Securities 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 the UnderwritersUnderwriter, the CompanyFund, the Manager 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 UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said 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 Securities 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 Insured Fund Iii Inc), Purchase Agreement (Muniholdings New York Insured Fund Iii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and 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, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, and the Manager and their respective successors, and said 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 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.), Underwriting Agreement (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, the Company, Company and the Manager Trust 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, the Company, Company and the Manager Trust and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Trust and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Purchase Agreement (Fleetboston Financial Corp), Purchase Agreement (Fleetboston Financial Corp), Purchase Agreement (Fleet Financial Group Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Company, the Manager 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, the Company, the Manager Company and FUNB and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and FUNB and their respective successors, and said 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 Securities 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 National Bank Com Mort Pas THR Cert Ser 2002 C1), Underwriting Agreement (First Union Commercial Mortgage Securities Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons and 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, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and 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 Securities 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, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers 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, Underwriters and the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers 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 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 UnderwritersUnderwriter, the CompanyFund, the Manager 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 UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said 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 Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 5 contracts
Samples: Purchase Agreement (Muniholdings New York Insured Fund Iii Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc)
Parties. This Agreement shall each both inure to the benefit of and be binding upon the Underwriters, the 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, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective successors, and said 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 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 UnderwritersUnderwriter, the CompanyFund, the Manager 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 UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said 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 Securities 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 Insured Fund Iii Inc), Purchase Agreement (Muniholdings Insured Fund Ii Inc), Purchase Agreement (Muniholdings California Insured Fund Iv Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons and officers 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, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Hawaiian Electric Co Inc), Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Applied Genetic Technologies Corp)
Parties. This Agreement shall each and any Terms Agreement will inure to the benefit of and be binding upon the Underwriters, the Company, the Manager you and their Sea Containers and 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, the Company, the Manager parties hereto and their respective successors and the controlling 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, the Company, the Manager parties hereto and their respective successors, successors and said 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 Securities from any Underwriter shall Shares will be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Sales Agreement (Sea Containers LTD /Ny/), Sales Agreement (Sea Containers LTD /Ny/), Sales Agreement (Sea Containers LTD /Ny/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager and their respective successors and the controlling persons and officers 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, the Company, the Manager Company and their respective successors, and said controlling persons and officers 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 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, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Transaction Entities and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.)
Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and persons, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Firstenergy Corp), Underwriting Agreement (Firstenergy Corp), Underwriting Agreement (Firstenergy Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons and 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, the Company, the Manager Company and their respective successors, and said controlling persons and 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: 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, the Company, the Manager 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, the Company, the Manager THL Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager THL Entities and their respective successors, and said 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 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 Underwriting Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, the Company, the Manager Partnership Parties and their respective successors and the controlling 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, Underwriters and the Company, the Manager Partnership Parties and their respective successors, and said 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 Securities 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, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager LRR Parties and their respective successors and the controlling persons and officers 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, Underwriters and the Company, the Manager LRR Parties and their respective successors, and said controlling persons and officers 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 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, Underwriters and the Company, the Manager Legacy 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, Underwriters and the Company, the Manager Legacy Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Legacy Reserves Lp), Underwriting Agreement (Legacy Reserves Lp), Underwriting Agreement (Legacy Reserves Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, Underwriters and the Company, the Manager and 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 Underwritersparties hereto, the Company, the Manager and their respective successors and assigns and the controlling persons and persons, 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, the Company, the Manager parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Securities 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 (Surmodics Inc), Underwriting Agreement (Surmodics Inc), Underwriting Agreement (Webvalley Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager THL Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager THL Entities and their respective successors, and said 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 Securities 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 Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said 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 Securities Notes from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Cleveland Electric Illuminating Co), Underwriting Agreement (Cleveland Electric Illuminating Co), Underwriting Agreement (Jersey Central Power & Light Co)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Manager 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 UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said 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 Securities 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), Purchase Agreement (Corporate High Yield Fund v Inc), Purchase Agreement (Market Participation Principal Protection Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and 8 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Certificates from any an Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Merrill Lynch Mortgage Investors Inc), Underwriting Agreement (Merrill Lynch Mortgage Investors Inc), Underwriting Agreement (Merrill Lynch Mortgage Investors Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager 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, the Company, Company and the Manager Bank and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Bank and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (SNB Bancshares Inc), Purchase Agreement (State National Bancshares, Inc.), Purchase Agreement (Harris Preferred Capital Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager Company and their respective successors and the controlling persons and officers 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, the Company, the Manager Company and their respective successors, and said controlling persons and officers 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 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, the Company, the Manager 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, the Company, the Manager Company and Yield LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and Yield LLC and their respective successors, and said 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 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, Underwriters and the Company, Trust and the Manager 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 and the Company, Trust and the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, Trust and the Manager Company and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (First Chicago NBD Capital Iv), Underwriting Agreement (Bank One Capital V), Underwriting Agreement (Bank One Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Partnership and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors, and said controlling persons and officers 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 Securities 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, the Selling Shareholders and the Company, the Manager and 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 Underwritersparties hereto, the Company, the Manager and their respective successors and assigns and the controlling persons and persons, 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, the Company, the Manager parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Securities 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 (Sportsmans Guide Inc), Underwriting Agreement (Sportsmans Guide Inc), Underwriting Agreement (Sportsmans Guide Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager Partnership Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Partnership Parties and their respective successors, and said 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 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 Underwriters, several Underwriters and the Company, the Manager and 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 Underwritersparties hereto, the Company, the Manager and their respective successors and assigns, and the controlling persons and persons, 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, the Company, the Manager parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Securities 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 (Industrial Rubber Products Inc), Underwriting Agreement (Fieldworks Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, the Company, the Manager Company and their respective successors and assigns and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successorssuccessors and assigns, and said 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 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, the CompanyIssuer, the Manager 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, the CompanyIssuer, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyIssuer, the Manager Company and their respective successors, and said 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 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, Agents and the Company, the Manager 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 UnderwritersAgents, each of their Affiliates and selling agents, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, each of their Affiliates and selling agents, the Company, the Manager Company and their respective successors, and said 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 Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Partnership Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership Parties and their respective successors, and said 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 Securities 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, the Company, the Manager 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, the Company, the Manager Company and their respective successors and the controlling persons and officers 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, the Company, the Manager Company and their respective successors, and said controlling persons and officers 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 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, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons and officers 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, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (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, the Company, the Manager 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, the Company, the Manager Transaction Entities and their respective successors and the controlling 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, the Company, the Manager Transaction Entities and their respective successors, and said controlling 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 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, Agents and the Company, the Manager 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 UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors, and said 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 Securities from any Underwriter Notes 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)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, entity firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager and their respective successors and the controlling persons persons, agents, and officers and directors referred to in Sections 6 and 7 Section 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, Underwriters and the Company, the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, entity, firm or corporation. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Alerus Financial Corp), Underwriting Agreement (Alerus Financial Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Company, the Manager 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, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Partnership Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership Parties and their respective successors, and said 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 Securities Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Delek Logistics Partners, LP), Underwriting Agreement (Delek Logistics Partners, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, Company and the Manager Operating Partnership and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective successors, successors and said controlling persons and officers and directors and their successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Company and the Manager 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 UnderwritersUnderwriter, the Company, Company and the Manager Selling Stockholder and their respective successors and the controlling 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 UnderwritersUnderwriter, the Company, Company and the Manager Selling Stockholder and their respective successors, and said 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 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 UnderwritersInternational Managers, the Company, Company and 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 UnderwritersInternational Managers, the Company, Company and the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersInternational Managers, the Company, Company and the Manager and their respective successors, and said 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 Securities from any Underwriter International Manager shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: International Purchase Agreement (Apex Mortgage Capital Inc), International Purchase Agreement (Apex Mortgage Capital Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Offerors and their respective successors and the controlling persons and officers officers, directors and directors Trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers 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 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), Underwriting Agreement (KBHC Financing I)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriter[s] named herein and the Company, the Manager 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 Underwritersparties hereto, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision provisions herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and thereto and their respective successors, and said 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 Securities from any [any] [the] Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Underwriting Agreement (Bond Securitization LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Trust and the Manager 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, the Company, Trust and the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Trust and the Manager Company and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Macquarie Infrastructure CO LLC), Purchase Agreement (Macquarie Infrastructure CO LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager Company and Nationstar LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and Nationstar LLC and their respective successors, and said 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 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, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Offerors and their respective successors and the controlling 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, Underwriters and the Company, the Manager Offerors and their respective successors, and said 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 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 each of the Underwriters, Underwriters and the Company, the Manager Depositor 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 and the Company, the Manager Depositor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Depositor and their respective successors, and said 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 Securities Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (SG Commercial Mortgage Securities, LLC), Underwriting Agreement (RBS Commercial Funding Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager First Eagle Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager First Eagle Entities and their respective successors, and said 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 Securities 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, the Company, the Manager 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, the Company, the Manager Company and their respective successors and the controlling persons and officers 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, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Laclede Group Inc), Underwriting Agreement (Laclede Group Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Company and DFH LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and DFH LLC and their respective successors, and said 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 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, the Company, Company and 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, the Company, Company and the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Lument Finance Trust, Inc.), Underwriting Agreement (Lument Finance Trust, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager DB Entities and their respective successors and the controlling 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, Underwriters and the Company, the Manager DB Entities and their respective successors, and said 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 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, Agents and the Company, the Manager 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 UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors and the controlling 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 UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors, and said controlling 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 Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/), Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Company and LSLLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and LSLLC and their respective successors, and said 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 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, Underwriter[s] named herein and the Company, the Manager 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 Underwritersparties hereto, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision provisions herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and thereto and their respective successors, and said 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 Securities from any [any] [the] Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting 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 the Underwriters, Underwriters and the Company, the Manager Legacy 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, Underwriters and the Company, the Manager Legacy Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Legacy Reserves L P), Underwriting Agreement (Legacy Reserves L P)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager DB Entities and their respective successors and the controlling 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, Underwriters and the Company, the Manager DB Entities and their respective successors, and said 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 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 LLC IX), Purchase Agreement (Deutsche Bank Capital Funding Trust X)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager 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, the Company, the Manager Partnership Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Partnership Parties and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Marlin Midstream Partners, LP), Underwriting Agreement (Marlin Midstream Partners, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Operating Partnership and their respective successors, and said 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 Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Post Apartment Homes Lp), Underwriting Agreement (Post Apartment Homes Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 Section 7 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and 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 Securities 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, Underwriters and the Company, the Manager 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 and the Company, the Manager Company and their respective successors and the controlling persons persons, officers, directors, employees and officers and directors agents referred to in Sections Section 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons persons, officers, directors, employees and officers and directors agents and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Gpu Inc /Pa/), Underwriting Agreement (General Public Utilities Corp /Pa/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager 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, the Company, Company and the Manager Parent and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Parent and their respective successors, and said 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 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), Underwriting Agreement (MiNK Therapeutics, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Selling Securityholders and the Manager 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, the CompanySelling Securityholders, the Manager Company and their respective successors and the controlling persons and 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, the Company, Selling Securityholders and the Manager Company and their respective successors, and said controlling persons and 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 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, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Depositor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and 8 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Depositor and their respective successors, and said controlling 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 Securities 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 Underwriters, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Enbridge Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Enbridge Parties and their respective successors, and said 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 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, Underwriters and the Company, the Manager 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, Underwriters and the Company, the Manager Offerors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Offerors and their respective successors, and said 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 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 (New South Capital Trust I), Underwriting Agreement (Premier Bancshares Inc /Ga)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Company and the Manager Selling Stockholders 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 UnderwritersUnderwriter, the Company, Company and the Manager Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Company, the Manager Company and their respective successors, and said 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 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 (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.)