Common use of Parties Clause in Contracts

Parties. This Agreement shall inure to the benefit of and be binding upon each of the 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof 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 each of the parties hereto 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 investor in Registered Certificates from any Underwriter shall be deemed to be a successor or assign merely by reason of such purchase.

Appears in 115 contracts

Samples: Underwriting Agreement (Bank5 2024-5yr12), Underwriting Agreement (Bank5 2024-5yr11), Underwriting Agreement (BBCMS Mortgage Trust 2024-C30)

AutoNDA by SimpleDocs

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the 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 parties hereto Underwriters and the Depositor and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 7 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 each of the parties hereto Underwriters and the 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 investor in Registered purchaser of Offered Certificates from any Underwriter the Underwriters shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 44 contracts

Samples: Underwriting Agreement (Morgan Stanley Capital I Trust 2020-L4), Underwriting Agreement (Morgan Stanley Capital I Trust 2019-L3), Underwriting Agreement (Morgan Stanley Capital I Trust 2019-H7)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Representative and the Companies, and their respective successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and Section 9 hereof and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter the Representative shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 42 contracts

Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F), Underwriting Agreement (Long Beach Acceptance Receivables Corp.), Underwriting Agreement (AFS Funding Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the 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 parties hereto Underwriters and the Depositor and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 7 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 each of the parties hereto Underwriters and the 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 investor in Registered purchaser of Certificates from any Underwriter the Underwriters shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 39 contracts

Samples: Underwriting Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr16), Underwriting Agreement (Merrill Lynch Mortgage Trust 2007-C1), Underwriting Agreement (Morgan Stanley Capital I Trust 2007-Hq13)

Parties. This Agreement and the applicable Terms Agreement shall each inure to the benefit of and be binding upon each of the parties hereto and their respective successors. Nothing expressed or mentioned in this Agreement or the applicable Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors those referred to in Sections 8 6 and 9 hereof 7 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the applicable Terms Agreement or any provision herein or therein contained. This Agreement and the applicable Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of each of the parties hereto and thereto 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 investor in Registered Certificates purchaser of Underwritten Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 38 contracts

Samples: Terms Agreement (DUKE REALTY LTD PARTNERSHIP/), Terms Agreement (Duke Realty Limited Partnership/), Terms Agreement (DUKE REALTY LTD PARTNERSHIP/)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Representatives and the Companies, and their respective successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections Section 8 and 9 hereof and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter the Representatives shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 33 contracts

Samples: Underwriting Agreement (GM Financial Automobile Leasing Trust 2024-3), Underwriting Agreement (GM Financial Automobile Leasing Trust 2024-2), Underwriting Agreement (ACAR Leasing Ltd.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Representatives and the Companies, and their respective successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and Section 9 hereof and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Publicly Offered Notes from any Underwriter the Representatives shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 21 contracts

Samples: Underwriting Agreement (Afs Sensub Corp.), Underwriting Agreement (GMF Floorplan Owner Revolving Trust), Underwriting Agreement (AFS SenSub Corp.)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters and the Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 21 contracts

Samples: Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Enstar Group LTD)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters, the Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters, the Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 15 contracts

Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Avid Bioservices, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of Placement Agent, the parties hereto 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 Placement Agent, the parties hereto Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 8 10 and 9 hereof 11 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 each of Placement Agent, the parties hereto Transaction Entities 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 investor in Registered Certificates purchaser of Securities from any Underwriter Placement Agent shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 14 contracts

Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the 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 parties hereto and their respective successors and the controlling persons and persons, officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto and their respective successors, and said controlling persons and persons, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 13 contracts

Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Agent and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Agent, its Affiliates and selling agents, the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Agent, its Affiliates and selling agents, the 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 investor in Registered Certificates from any Underwriter purchaser of Shares shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 12 contracts

Samples: Atm Equity Offering Sales Agreement (Cohen & Steers, Inc.), Atm Equity Offering Sales Agreement (Irobot Corp), Atm Equity Offering Sales Agreement (REGENXBIO Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters, the 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 parties hereto Underwriters, the Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto Underwriters, the Transaction Entities 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 12 contracts

Samples: Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Community Healthcare Trust Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successorshereto, including any substitute Underwriters pursuant to Section 11 hereof. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 is intended to be for the sole and exclusive benefit of each of the parties hereto 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 investor in Registered Certificates purchaser of Notes from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 11 contracts

Samples: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters and the Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 11 contracts

Samples: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (Enstar Group LTD), Underwriting Agreement (SeaSpine Holdings Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto hereto, and their respective successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and Section 9 hereof and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of the Offered Notes from any Underwriter the Representatives shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 10 contracts

Samples: Underwriting Agreement (Efcar, LLC), Underwriting Agreement (Exeter Automobile Receivables Trust 2024-3), Underwriting Agreement (Exeter Automobile Receivables Trust 2023-2)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof 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 each of the parties hereto 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 investor in Registered purchaser of Underwritten Certificates from any Underwriter shall be deemed to be a successor or assign merely by reason of such purchase.

Appears in 10 contracts

Samples: Underwriting Agreement (Wells Fargo Commercial Mortgage Trust 2015-Nxs4), Underwriting Agreement (Wells Fargo Commercial Mortgage Trust 2015-C31), Underwriting Agreement (Wells Fargo Commercial Mortgage Trust 2015-Nxs3)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Company and the 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 parties hereto Underwriters, the Company and the Bank and their respective successors and the controlling persons and officers and directors indemnified parties referred to in Sections SECTION 7 and SECTION 8 and 9 hereof 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 each of the parties hereto Underwriters, the Company and the Bank and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (Byline Bancorp, Inc.), Underwriting Agreement (Byline Bancorp, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of you and the parties hereto Company, and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed as given to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto and their respective successors, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (Bottling Holdings Investments Luxembourg Commandite S.C.A.), Underwriting Agreement (Coca Cola Enterprises Inc), Underwriting Agreement (Coca-Cola Enterprises, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of you and the parties hereto 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 corporation or corporationother entity, other than the parties hereto and their respective successors and assigns and the controlling persons and persons, officers and directors referred to in Sections 8 and 9 hereof and their respective successors, heirs and legal representativesSection 6, 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 each of the parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No investor in Registered Certificates purchaser of any of the Shares from any Underwriter you shall be deemed to be construed a successor or assign merely by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (Health & Retirement Properties Trust), Underwriting Agreement (Commercial Net Lease Realty Inc), Underwriting Agreement (Macerich Co)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto Underwriters, the Company, the Manager and their respective successors, and said controlling persons and officers and directors other indemnified parties and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 7 contracts

Samples: Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp), Underwriting Agreement (Ares Commercial Real Estate Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Company 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 parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto and their respective successors, 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 investor in Registered Certificates purchaser of Underwritten Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 7 contracts

Samples: Terms Agreement (Deere John Capital Corp), Terms Agreement (Deere John Capital Corp), Terms Agreement (Deere John Capital Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof 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 each of the parties hereto 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 investor in Registered Underwritten Certificates from any Underwriter shall be deemed to be a successor or assign merely by reason of such purchase.

Appears in 6 contracts

Samples: Underwriting Agreement (SG Commercial Mortgage Securities, LLC), Underwriting Agreement (Wells Fargo Commercial Mortgage Securities Inc), Underwriting Agreement (Natixis Commercial Mortgage Securities LLC)

Parties. This The Agreement shall inure to the benefit of and be binding upon each of you and the parties hereto Company, and their respective its successors. Nothing expressed or mentioned in this Agreement herein is intended or shall be construed as given to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 7 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this the Agreement or any provision herein contained. This The Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 6 contracts

Samples: Underwriting Agreement (Vale Overseas LTD), Underwriting Agreement (Vale Overseas LTD), Underwriting Agreement (Vale Overseas LTD)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the 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 parties hereto Underwriters and the Operating Partnership and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto and their respective successors, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Eop Operating LTD Partnership), 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 each of the parties hereto Underwriters and the Issuers 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 parties hereto Underwriters and the Issuers and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters and the Issuers 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 5 contracts

Samples: Purchase Agreement (Jefferies Group LLC), Purchase Agreement (Jefferies Group LLC), Purchase Agreement (Jefferies Group LLC)

Parties. This Agreement shall inure to the benefit of and be binding upon each the Underwriters, the Inergy Parties and, to the extent provided in Sections 7 and 8, the officers and directors of the parties hereto Managing General Partner and each person who controls the Partnership or the Underwriters 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, 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 each of the parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No investor in Registered Certificates purchaser of any of the Units from any Underwriter the Underwriters shall be deemed to be construed a successor or assign merely by reason merely of such purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Inergy L P), Underwriting Agreement (Inergy L P), Underwriting Agreement (Inergy L P)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the 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 parties hereto Underwriters and the Offerors and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters and the Offerors 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 investor in Registered Certificates purchaser of Trust Preferred Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 5 contracts

Samples: Purchase Agreement (Merrill Lynch Preferred Capital Trust Iv), Purchase Agreement (Ultramar Diamond Shamrock Corp), Purchase Agreement (Merrill Lynch Preferred Capital Trust Ii)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Manager and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Manager, the Company, the Adviser and the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto Manager, the Company, the Adviser and the Administrator 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 investor in Registered Certificates purchaser of Shares from any Underwriter Manager shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Company and the 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 parties hereto Underwriters, the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of each of the parties hereto and thereto 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Public Service Enterprise Group Inc), Underwriting Agreement (Public Service Enterprise Group Inc), Underwriting Agreement (Public Service Enterprise Group Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Placement Agent, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Placement Agent, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Placement Agent, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers and officers, directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates from any Underwriter shall be deemed to be a successor or assign by reason merely by reason of such purchaseits purchase of Shares from the Fund.

Appears in 4 contracts

Samples: Placement Agency Agreement (Tortoise Energy Capital Corp), Placement Agency Agreement (Tortoise Energy Capital Corp), Placement Agency Agreement (Tortoise Energy Infrastructure Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Supervisory Board members 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 each of the parties hereto Underwriters and the Company and their respective successors, and said controlling persons and officers and directors and Supervisory Board members or the equivalent and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Company and the 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 parties hereto Underwriters, the Company and the Bank and their respective successors and the controlling persons and officers and directors indemnified parties referred to in Sections Section 7 and Section 8 and 9 hereof 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 each of the parties hereto Underwriters, the Company and the Bank and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Valley National Bancorp), Underwriting Agreement (Valley National Bancorp), Underwriting Agreement (Axos Financial, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters, the Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters, the Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (Enstar Group LTD), Underwriting Agreement (Horizon Global Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the 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 parties hereto Underwriters and the Depositor and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 7 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 each of the parties hereto Underwriters and the 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 investor in Registered the Offered Certificates from any Underwriter the Underwriters shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Morgan Stanley Capital I Inc.), Underwriting Agreement (UBS Commercial Mortgage Securitization Corp.), Underwriting Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters, the HSBC Parties, and their respective successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 9 and 9 hereof 10 above and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter the Underwriters shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (HSBC Auto Receivables Corp), Underwriting Agreement (HSBC Auto Receivables Corp), Underwriting Agreement (HSBC Auto Receivables Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each the Underwriters, the Partnership Parties and, to the extent provided in Sections 8 and 9, the officers and directors of the parties hereto General Partner and each person who controls a Partnership Party or the Underwriters 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, 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 each of the parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No investor in Registered Certificates purchaser of any of the Units 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 (Inergy Midstream, L.P.), Underwriting Agreement (Inergy Midstream, L.P.), Underwriting Agreement (Inergy L P)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters, the Company and their respective successors and the affiliates, controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters, the 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Intercept Pharmaceuticals, Inc.), Underwriting Agreement (Intercept Pharmaceuticals, Inc.), Underwriting Agreement (Intercept Pharmaceuticals Inc)

Parties. This Agreement and any Terms Agreement shall inure to the benefit of and be binding upon each of you and the parties hereto Company and your 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof 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 each of the parties hereto and their respective successors, 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, except as expressly contemplated in Section 7 herein. No investor in Registered Certificates from any Underwriter purchaser of Notes shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 3 contracts

Samples: Distribution Agreement (TRW Inc), Distribution Agreement (TRW Inc), Distribution Agreement (TRW Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter and the 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 parties hereto Underwriter and the Depositor and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto Underwriter and the 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 investor in Registered purchaser of Certificates from any the Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Morgan Stanley Capital I Inc), Underwriting Agreement (Morgan Stanley Capital I Inc), Underwriting Agreement (Heller Financial Commercial Mortgage Asset Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter and the Company, their respective successorssuccessors and assigns, and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the parties hereto and hereto, their respective successors and assigns, and the controlling persons and persons, officers and directors referred to in Sections 8 6 and 9 hereof and their respective successors, heirs and legal representatives, 7 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 each of the parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No investor in Registered Certificates purchaser of any Shares from any the Underwriter shall be deemed to be construed a successor or assign merely by reason of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Industrial Rubber Products Inc), Underwriting Agreement (Electronic Processing Inc), Underwriting Agreement (Mercury Waste Solutions Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 8 and 9 hereof Section 7 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 each of the parties hereto Underwriters and the Company and their respective successors, and said controlling persons and officers and officers, directors and trustees and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Debt Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Great Atlantic & Pacific Tea Co Inc), Underwriting Agreement (Great Atlantic & Pacific Tea Co Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Quest Parties, their respective successors and assigns and the officers, directors, employees, agents, representatives and controlling persons referred to in Section 7 hereof (to the extent provided in Section 7) 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, 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 each of the parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No investor in Registered Certificates purchaser of any of the Units from any Underwriter shall be deemed to be construed a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Quest Energy Partners, L.P.), Underwriting Agreement (Quest Energy Partners, L.P.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter[s] and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriter[s] and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto Underwriter[s] and the 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 investor in Registered purchaser of Offered Certificates from any Underwriter the Underwriter[s] shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Hsi Asset Securitization Corp), Underwriting Agreement (Hsi Asset Securitization Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter[s] and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriter[s] and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto Underwriter[s] and the 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 investor in Registered Certificates purchaser of Offered Notes from any Underwriter the Underwriter[s] shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Hsi Asset Securitization Corp), Underwriting Agreement (Hsi Asset Securitization Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of Xxxxxxxxxx and the parties hereto 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 Xxxxxxxxxx and the parties hereto Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 8 6 and 9 hereof 7 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 each of Xxxxxxxxxx and the parties hereto Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No investor in Registered Certificates purchaser of Securities from any Underwriter Xxxxxxxxxx shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (RedHill Biopharma Ltd.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Agents and the Trusts and the Principal 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 parties hereto and their respective successors and the controlling persons and persons, officers and directors referred to in Sections 8 Section 10 and 9 Section 11 hereof 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 each of the parties hereto and their respective successors, and said controlling persons and persons, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates from any Underwriter purchaser of Notes shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Distribution Agreement (Principal Life Insurance Co), Distribution Agreement (Principal Financial Group Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Initial Purchasers and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Initial Purchasers and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 7 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 each of the parties hereto Initial Purchasers and the 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 investor in Registered Certificates purchaser of Securities from any Underwriter Initial Purchaser shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Kohls Corporation), Purchase Agreement (Kohls Corporation)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto several Underwriters and the Company and their respective successorssuccessors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the parties hereto and hereto, their respective successors and assigns and the controlling persons and persons, officers and directors referred to in Sections 8 and 9 hereof and their respective successors, heirs and legal representativesSection 7, 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 each of the parties hereto and hereto, their respective successors, successors and assigns and said controlling persons and persons, officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No investor in Registered Certificates purchaser of any of the Shares through or from any Underwriter shall be deemed to be construed a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Delmarva Power & Light Co /De/), Underwriting Agreement (Delmarva Power & Light Co /De/)

Parties. This Agreement shall each inure to the benefit of and ------- be binding upon each of the 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 parties hereto and their respective successors and the controlling persons and persons, officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto and their respective successors, and said controlling persons and persons, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (MGM Mirage), Underwriting Agreement (MGM Mirage)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Agents, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Agents, the Company and their respective successors and the controlling persons and officers and directors officers, directors, or affiliates referred to in Sections 8 10 and 9 hereof 11 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 each of the parties hereto Agents, the Company and their respective successors, and said controlling persons and officers and directors officers, directors, employees or affiliates and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter the Agents shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Company and the 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 parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 or therein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and thereto and their respective successorssuccessors and legal representatives, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Conseco Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties Company, the 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto and hereto, their respective successors, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Federal Express Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Initial Purchaser, the Company and the Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended intended, or shall be construed construed, to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers officers, trustees and directors referred to in Sections 8 Section 4(h) and Section 9 hereof 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 each of the parties hereto and their respective successors, successors and said controlling persons and officers officers, trustees and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates from any Underwriter purchaser of Shares shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (First Industrial Realty Trust Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Issuers 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 parties hereto Underwriters, the Issuers and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters, the Issuers and their respective successors, and said controlling persons and officers and directors officers, directors, trustees and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Trust Preferred Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Teco Energy Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter and Xxxxxxx, and their respective successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said such controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any the Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Advanta Auto Finance Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company, their respective successorssuccessors and assigns, and the officers, directors and controlling persons referred to in Sections 7 and 8. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the parties hereto and hereto, their respective successors and assigns, and the controlling persons and persons, officers and directors referred to in Sections 7 and 8 and 9 hereof and their respective successors, 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 each of the parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No investor in Registered Certificates purchaser of any Shares from any Underwriter the Underwriters shall be deemed to be construed a successor or assign merely by reason of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Wellington Properties Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Agents and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 9 and 9 hereof 10 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 or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, 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 investor in Registered Certificates from any Underwriter purchaser of Notes shall be deemed to be a successor or assign merely by reason merely of such purchase. Notwithstanding the foregoing, the purchasers referred to in Section 4(j) shall have the rights set forth therein.

Appears in 1 contract

Samples: Distribution Agreement (Wachovia Corp New)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Purchaser and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Purchaser, the Company and the Advisor and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto Purchaser, the Company and the Advisor 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 investor in Registered Certificates purchaser of Securities from any Underwriter the Purchaser shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Tortoise Gas & Oil Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties Company 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto and their respective successors, 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 investor in Registered Certificates purchaser of Offered Common Stock from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Terms Agreement (Thomas & Betts Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters and the 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 parties hereto Underwriters and the Offerors and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters and the Offerors 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 investor in Registered Certificates purchaser of Preferred Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Eagle Bancshares Inc)

AutoNDA by SimpleDocs

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, entity, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons persons, agents, and officers and directors referred to in Sections Section 8 and 9 hereof 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 each of the parties hereto Underwriters and the 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, entity, firm or corporation. No investor in Registered Certificates purchaser of Shares from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (FS Bancorp, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the 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 parties hereto Initial Purchaser and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 7 hereof 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 each of the parties hereto and thereto 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 investor in Registered Certificates purchaser of Preferred Stock from any Underwriter the Initial Purchaser shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Istar Financial Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Company and the 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 parties hereto Underwriters, the Company and the Bank and their respective successors and the controlling persons and officers and directors indemnified parties referred to in Sections SECTION 7 and SECTION 8 and 9 hereof 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 each of the parties hereto Underwriters, the Company and the Bank and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Depositary Shares from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (United Community Banks Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Offerors and the 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 parties hereto Underwriters and the Offerors and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 or therein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successorssuccessors and legal representatives, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Conseco Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of Capital One Securities, the parties hereto 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 Capital One Securities, the parties hereto Company and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 8 10 and 9 hereof 11 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 each of Capital One Securities, the parties hereto Company and their respective successors, and said controlling persons and officers and directors trustees and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter Capital One Securities shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Placement Agent, 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 parties hereto Placement Agent, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 10 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 each of the parties hereto Placement Agent, the Company, the Manager 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 investor in Registered Certificates purchaser of Securities from any Underwriter the Placement Agent shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Equity Distribution Agreement (Western Asset Mortgage Capital Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of you and the parties hereto Registrants 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 7, 8 and 9 hereof and their respective successors, heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein or therein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter Underwriters shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Green Tree Lease Finance Ii Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of KeyBanc, the parties hereto 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 KeyBanc, the parties hereto Company, and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 8 Section 10 and 9 hereof 11 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 each of KeyBanc, the parties hereto Company, and their respective successors, and said controlling persons and officers and officers, directors and trustees and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter KeyBanc shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Equity Distribution Agreement (Lexington Realty Trust)

Parties. This The Agreement shall inure to the benefit of and be binding upon each of you and the parties hereto Company, and their respective your/its successors. Nothing expressed or mentioned in this Agreement herein is intended or shall be construed as given to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 7 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this the Agreement or any provision herein contained. This The Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Gerdau Trade II Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of Underwriter, the parties hereto Bank 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 parties hereto Underwriters, the Bank Entities and their respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 7 and 8 and 9 hereof and their respective successors, heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto Underwriters, the Bank Entities and their respective successors, and said the controlling persons persons, directors and officers referred to in Sections 7 and directors 8 and their respective successors, heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (California Republic Funding LLC)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriter, the 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 parties hereto Underwriter, the Partnership and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriter, the Partnership and their respective successors, and said controlling persons and officers and directors other indemnified parties and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No investor in Registered Certificates purchaser of Units from any the Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Blueknight Energy Partners, L.P.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Placement Agents, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Placement Agents, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 10 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 each of the parties hereto Placement Agents, the Company, the Manager 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 investor in Registered Certificates purchaser of Securities from any Underwriter the Placement Agents shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ares Commercial Real Estate Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto Underwriters, the Company and the Trust 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 investor in Registered Certificates purchaser of Preferred Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Laclede Capital Trust I)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter and ACC, and their respective successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said such controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered purchaser of Certificates from any the Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Acc Consumer Finance Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Agents, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Agents, their respective Affiliates, the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 10 and 9 hereof 11 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 each of the parties hereto Agents, their respective Affiliates, the 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 investor in Registered Certificates purchaser of Securities from any Underwriter the Agents shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Equity Distribution Agreement (National Health Investors Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Initial Purchasers, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Initial Purchasers, the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 7 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 each of the parties hereto Initial Purchasers, the 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 investor in Registered Certificates purchaser of Securities from any Underwriter Initial Purchaser shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Petroleum Development Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of Xxxxx Xxxxxxxx, the parties hereto 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 Xxxxx Xxxxxxxx and the parties hereto Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of Xxxxx Xxxxxxxx and the parties hereto 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 investor in Registered Certificates purchaser of Securities from any Underwriter Xxxxx Xxxxxxxx shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Horace Mann Educators Corp /De/)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters, the Issuers 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 parties hereto Underwriters, the Issuers and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters, the Issuers and their respective successors, and said controlling persons and officers and directors officers, directors, trustees and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Wec Capital Trust Ii)

Parties. This Agreement shall inure to the benefit of ------- and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto Underwriters and the Company and their respective successors, and said controlling persons and officers and officers, directors and trustees and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Wachovia Corp/ Nc)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of you and the parties hereto Operating Partnership, and their your 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 parties hereto Initial Purchasers and the Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto 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 investor in Registered Certificates purchaser of Securities from any Underwriter the Initial Purchasers shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Crescent Real Estate Equities LTD Partnership)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriter, the Borrower, the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriter, the Borrower, the 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 investor in Registered Certificates purchaser of Securities from any the Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Mannkind Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm firm, company or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters and the 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 firm, company or corporation. No investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Endurance Specialty Holdings LTD)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Company, the Trust 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 parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto and their respective successors, 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 investor in Registered Certificates purchaser of Underwritten Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Terms Agreement (Bergen Brunswig Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each the Underwriters, the Partnership and, to the extent provided in Sections 7 and 8, the officers and directors of the parties hereto Managing General Partner and each person who controls the Partnership or the Underwriters 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, 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 each of the parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No investor in Registered Certificates purchaser of any of the Units from any Underwriter the Underwriters shall be deemed to be construed a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Inergy L P)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriter and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 7 and 8 and 9 hereof 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 each of the parties hereto Underwriter and the 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 investor in Registered purchaser of Offered Certificates from any an Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Commercial Mortgage Acceptance Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Company and the 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 parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 or therein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and thereto and their respective successorssuccessors and legal representatives, 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 investor in Registered Certificates purchaser of Notes from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Conseco Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each the Placement Agent, the Company and, to the extent provided in Sections 6 and 7, the officers and directors of the parties hereto Company and each person who controls the Company or the Placement Agent and their respective heirs, executors, administrators, and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm corporation or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, 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 each of the parties hereto and their respective successors, successors and said controlling persons and officers with respect to said Sections 6 and 7 said officers, directors and controlling persons and their respective heirs, executors, administrators and successors, heirs and, solely with respect to Sections 3 and legal representatives4, the Investors, and for the benefit of no other person, firm corporation or corporation. No investor in Registered Certificates from any Underwriter shall be deemed to be a successor or assign merely by reason of such purchaseother entity.

Appears in 1 contract

Samples: Placement Agency Agreement (Capstone Turbine Corp)

Parties. This Agreement shall each inure to the benefit of and ------- be binding upon each of the parties hereto Placement Agent, the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Placement Agent, the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Placement Agent and the 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 investor in Registered Certificates purchaser of Securities from any Underwriter Placement Agent shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Placement Agency Agreement (Nationwide Health Properties Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriter and Advanta, and their respective successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said such controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered purchaser of Certificates from any the Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Advanta Auto Finance Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the affiliates, controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 each of the parties hereto Underwriters and the Company and their respective successors, and said affiliates, 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 investor in Registered Certificates purchaser of Securities from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Realty Income Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Company and the 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 parties hereto Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 or therein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and xxxxxxx and their respective successorssuccessors and legal representatives, 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 investor in Registered Certificates purchaser of Notes from any Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Conseco Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Initial Purchaser and the 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 parties hereto Initial Purchaser and the Trust and their respective successors and the controlling persons and officers and directors referred to in Sections Section 8 and 9 hereof 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 each of the parties hereto Initial Purchaser and the Trust 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 investor in Registered purchaser of the Trust Certificates from any Underwriter the Initial Purchaser shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Arm Financial Group Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Purchasers and the 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 parties hereto Purchasers and the Ventas Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto Purchasers and the Ventas Entities 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 investor in Registered Certificates purchaser of Securities from any Underwriter the Purchasers shall be deemed to be a successor or assign merely by reason of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Ventas Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto Underwriters, the HSBC Entities, and their respective successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 9 and 9 hereof 10 above and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and their respective successors, successors and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No investor in Registered Certificates purchaser of Notes from any Underwriter the Underwriters shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (HSBC Auto Receivables Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Agents and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Agents, their respective affiliates and selling agents, the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof Section 6 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 each of the parties hereto Agents, their respective affiliates and selling agents, the 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 investor in Registered Certificates from any Underwriter purchaser of Shares shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Sabre Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof 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 each of the parties hereto 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 investor in Registered Certificates from any Underwriter shall be deemed to be a successor or assign merely by reason of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Wells Fargo Commercial Mortgage Trust 2016-C32)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Company and the Underwriter 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 parties hereto Underwriter and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 8 6 and 9 hereof 7 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 or therein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of each of the parties hereto and thereto and their respective successorssuccessors and legal representatives, 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 investor in Registered Certificates purchaser of Offered Bonds from any the Underwriter shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Michigan Consolidated Gas Co /Mi/)

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the parties hereto Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto Underwriters and the Company and their respective successors and the controlling persons persons, affiliates and officers and directors referred to in Sections 8 and 9 hereof 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 each of the parties hereto Underwriters and the Company and their respective successors, and said the 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 investor in Registered Certificates purchaser of Shares from any Underwriter or its affiliates shall be deemed to be a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Qep Resources, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each the Underwriter, the Inergy Parties and, to the extent provided in Sections 7 and 8, the officers and directors of the parties hereto Managing General Partner and each person who controls the Partnership or the Underwriter 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 parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 8 and 9 hereof and their respective successors, 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 each of the parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their respective successors, heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No investor in Registered Certificates purchaser of any of the Units from any the Underwriter shall be deemed to be construed a successor or assign merely by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Inergy L P)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!