Common use of Parties Clause in Contracts

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 50 contracts

Samples: Underwriting Agreement (Mackinac Financial Corp /Mi/), Underwriting Agreement (BNC Bancorp), Underwriting Agreement (First National Corp /Va/)

AutoNDA by SimpleDocs

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Manager and the Selling Shareholder 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 UnderwritersManager, the Company, the Bank Adviser and the Selling Shareholder Administrator and their respective successors and the controlling persons, Affiliatesofficers, selling agents, officers directors and directors other persons referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersManager, the Company, the Bank Adviser and the Selling Shareholder Administrator and their respective successors, and said controlling persons, Affiliatesofficers, selling agents, officers directors and directors other persons referred to in Sections 7 and 8 and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any Underwriter Manager shall be deemed to be a successor by reason merely of such purchase.

Appears in 28 contracts

Samples: Equity Distribution Agreement (Blackstone Secured Lending Fund), Equity Distribution Agreement (Blackstone Secured Lending Fund), Equity Distribution Agreement (Ares Capital Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Companyincluding any substitute Underwriters pursuant to Section 10 hereof, the Bank and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliatesaffiliates, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliatesaffiliates, selling agents, controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 23 contracts

Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanySeller, the Bank and the Selling Shareholder JDCC, and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No purchaser of Securities an Underwritten Note from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 22 contracts

Samples: Underwriting Agreement (John Deere Owner Trust 2024-B), Underwriting Agreement (John Deere Owner Trust 2024), Underwriting Agreement (John Deere Receivables LLC)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase. In all dealings hereunder, the Representative, acting jointly, shall act on behalf of each of the Underwriters, and the parties hereto shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by the Representative, acting jointly.

Appears in 10 contracts

Samples: Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (ALKALINE WATER Co INC), Underwriting Agreement (Sundial Growers Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Supervisory Board members and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and Supervisory or Executive Board members or the equivalent and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 9 contracts

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

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen California Municipal Value Fund 2)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder Manager and their respective successors and the controlling persons, Affiliates, selling agents, controlling persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder Manager and their respective successors, and said controlling persons, Affiliates, selling agents, controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor solely by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors and the controlling personspersons and directors, Affiliatesofficers, selling agentsmembers, officers shareholders and directors trustees referred to in Sections 7 and 8 Section 6 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained, whether as third-party beneficiaries or otherwise. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors, and, solely for purposes of Section 6, their respective controlling persons and said controlling personsofficers, Affiliatesdirectors, selling agentsshareholders and trustees, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank you and the Selling Shareholder Company and any Terms Agreement shall inure to the benefit of and be binding upon the Company and any Underwriter who becomes a party to a Terms Agreement and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and the controlling persons, directors, officers, employees and agents referred to in Sections 6 and 7 hereof and their respective successorssuccessors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors and assigns and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers employees and directors agents referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successorssuccessors and assigns, and said controlling persons, Affiliatesofficers, selling agentsdirectors, officers employees and directors agents and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Appears in 7 contracts

Samples: Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (First Niagara Financial Group Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 7 contracts

Samples: Purchase Agreement (Patrick Industries Inc), Purchase Agreement (Helix Energy Solutions Group Inc), Purchase Agreement (World Acceptance Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors and the controlling persons, Affiliates, selling agents, agents and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, agents and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 6 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, you and the Company, and any Terms Agreement shall inure to the Bank benefit of and be binding upon the Selling Shareholder Company and any Underwriter who becomes a party to a Terms Agreement, and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 6 contracts

Samples: Underwriting Agreement (Comdisco Inc), Underwriting Agreement (Comdisco Inc), Underwriting Agreement (Comdisco Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase. In all dealings hereunder, the Representatives, acting jointly, shall act on behalf of each of the Underwriters, and the parties hereto shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by the Representatives, acting jointly.

Appears in 6 contracts

Samples: Underwriting Agreement (ExOne Co), Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (Synacor, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank each of Advisers and the Selling Shareholder its respective partners and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 6 contracts

Samples: Purchase Agreement (ING International High Dividend Equity Income Fund), Purchase Agreement (ING Global Advantage & Premium Opportunity Fund), Purchase Agreement (Dreman Claymore Dividend & Income Fund)

Parties. (a) This Agreement shall each inure to the benefit of and be binding upon the UnderwritersAgents, the Company, the Bank and the Selling Shareholder 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 UnderwritersAgents, their Affiliates and selling agents, the Company, the Bank and the Selling Shareholder Manager and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, their Affiliates and selling agents, the Company, the Bank and the Selling Shareholder Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase. (b) The Company shall have the right, power and authority, in its absolute discretion, to add new Agents to this Agreement without the consent of the existing Agents. The existing Agents shall execute any amendment to this Agreement that is reasonably requested by the Company to add any such new Agents hereto.

Appears in 6 contracts

Samples: Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Offerors and the Selling Shareholder Underwriters and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successorssuccessors and legal representatives, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 6 contracts

Samples: Underwriting Agreement (MCN Corp), Underwriting Agreement (Protective Life Corp), Purchase Agreement (NSP Financing Ii)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank Advisers and the Selling Shareholder and each of their respective successorspartners and successors and controlling persons referred to herein. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank Advisers and the Selling Shareholder and each of their respective partners and successors, and said controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 5 contracts

Samples: Purchase Agreement (First Trust Global Credit Strategies Fund), Purchase Agreement (First Trust/Aberdeen Emerging Opportunity Fund), Purchase Agreement (First Trust/Fiduciary Asset Management Covered Call Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the UnderwritersUnderwriter, the CompanyFund, the Bank and Investment Adviser, the Selling Shareholder Sub-Adviser and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the CompanyFund, the Bank and Investment Adviser, the Selling Shareholder Sub-Adviser and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers shareholders and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the CompanyFund, the Bank and Investment Adviser, the Selling Shareholder Sub-Adviser and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Quality Municipal Income Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyFund, each of the Bank and the Selling Shareholder Advisers and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling persons, Affiliatesaffiliates and officers, selling agentstrustees, officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors, and said controlling persons, Affiliatesaffiliates and officers, selling agentstrustees, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (AllianzGI Diversified Income & Convertible Fund), Underwriting Agreement (Clearbridge American Energy MLP Fund Inc.), Underwriting Agreement (Babson Capital Global Short Duration High Yield Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors and the controlling persons, Affiliates, selling agents, persons and trustees and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 5 contracts

Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersAgents, the Company, the Bank Forward Purchasers and the Selling Shareholder 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 UnderwritersAgents, the CompanyForward Purchasers, their respective Affiliates and selling agents, the Bank and the Selling Shareholder Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors trustees referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, the CompanyForward Purchasers, their respective Affiliates and selling agents, the Bank and the Selling Shareholder Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement, Atm Equity Offering Sales Agreement (Americold Realty Operating Partnership, L.P.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: u.s. Purchase Agreement (99 Cents Only Store), u.s. Purchase Agreement (Rayovac Corp), u.s. Purchase Agreement (Global Telesystems Group Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyForward Sellers, the Bank Forward Purchasers, the Company and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyForward Sellers, the Bank Forward Purchasers, the Company and the Selling Shareholder Operating Partnership and their respective successors and the controlling persons, Affiliates, selling agents, agents and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyForward Sellers, the Bank Forward Purchasers, the Company and the Selling Shareholder Operating Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, agents and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of Agent, the UnderwritersForward Seller, the Forward Purchaser, the Company, the Bank and the Selling Shareholder 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 Agent, the UnderwritersForward Seller, the Forward Purchaser, the Company, the Bank and the Selling Shareholder Partnership and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 10 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgent, the CompanyForward Seller, the Bank Forward Purchaser, the Company and the Selling Shareholder Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any Underwriter Agent or the Forward Seller shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder Partnership and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Units from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase. Any action by the Underwriters hereunder may be taken by the Representative, on behalf of the Underwriters, and any such action taken by the Representative shall be binding upon the Underwriters.

Appears in 4 contracts

Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and each of the Selling Shareholder Shareholders and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Company and each of the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representativesUnderwriters, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Company and each of the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representativesUnderwriters, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyForward Purchaser, the Bank Forward Seller, the Company and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyForward Purchaser, the Bank Forward Seller, the Company and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, Affiliates or selling agents, officers and directors agents referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyForward Purchaser, the Bank Forward Seller, the Company and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, Affiliates or selling agents, officers and directors agents and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, partners, members, Affiliates and selling agents, officers and directors agents referred to in Sections 6 and 7 and 8 their respective successors, heirs, legal representatives and their heirs executors and legal representativesadministrators, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, partners, members, Affiliates and selling agents, officers and directors agents and their heirs respective successors, heirs, legal representatives and legal representativesexecutors and administrators, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Fund and the Selling Shareholder Advisers and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Companytheir affiliates, the Bank Fund and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and directors, Affiliatesofficers, selling agents, officers members and directors trustees referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Companytheir affiliates, the Bank Fund and the Selling Shareholder Advisers and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Rivernorth Opportunities Fund, Inc.), Underwriting Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), Underwriting Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Selling Stockholders, their controlling persons, officer and the Selling Shareholder directors and their respective successors, heirs and legal representatives, as applicable. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder Stockholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder Stockholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement, Underwriting Agreement (E2open Inc), Underwriting Agreement (E2open Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and Underwriter or each Underwriter, as the Selling Shareholder case may be, named in the applicable Terms Agreement, 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 Underwriter or Underwriters, as the Companycase may be, the Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained in this Agreement. This Agreement and all conditions and provisions hereof contained in this Agreement are intended to be for the sole and exclusive benefit of the Underwriters, parties to the Company, the Bank and the Selling Shareholder applicable Terms Agreement and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Terms Agreement (Gillette Co), Terms Agreement (Gillette Co), Terms Agreement (Gillette Co)

Parties. This Agreement and the Terms Agreement shall inure to the benefit of and be binding upon the Underwritersyou, the CompanyGTFFC, the Bank Green Tree and each Underwriter who becomes a party to this Agreement and the Selling Shareholder Terms Agreement, and their respective successors. Nothing expressed or mentioned in this Agreement or the Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 6 and 8 7, and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in with respect of to this Agreement or the Terms Agreement or any provision herein or therein contained. This Agreement and the Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and for the benefit of no other person, firm or corporation. No purchaser of Securities Offered Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Greentree Floorplan Funding Corp), Underwriting Agreement (Greentree Floorplan Funding Corp), Underwriting Agreement (Greentree Floorplan Funding Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the each Bank and the Selling Shareholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the each Bank and the Selling Shareholder and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the each Bank and the Selling Shareholder and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Firstbank Corp), Underwriting Agreement (Firstbank Corp), Underwriting Agreement

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Issuer and the Selling Shareholder Parent Guarantor and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Issuer and the Selling Shareholder Parent Guarantor and their respective successors and the controlling persons, Affiliates, selling agents, agents and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Issuer and the Selling Shareholder Parent Guarantor and their respective successors, and said controlling persons, Affiliates, selling agents, agents and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Stockholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Stockholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Stockholder and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: u.s. Underwriting Agreement (Wellpoint Health Networks Inc /De/), u.s. Purchase Agreement (Agco Corp /De), u.s. Underwriting Agreement (Wellpoint Health Networks Inc /De/)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyTrust, the Bank Administrator, the Investment Adviser and the Selling Shareholder its respective partners and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Purchase Agreement (Clough Global Equity Fund), Purchase Agreement (Clough Global Opportunities Fund), Purchase Agreement (Clough Global Allocation Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, the Bank Company and the Selling Shareholder Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersInitial Purchasers, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities and Guarantees from any Underwriter Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Purchase Agreement (Sonic Automotive Clearwater Inc), Purchase Agreement (Sre Maryland 2 LLC), Exhibit (Sonic Automotive Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Bank and the Selling Shareholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Company and the Bank and the Selling Shareholder and their respective successors and the controlling personspersons and the partners, Affiliatesofficers, selling agentsdirectors, officers trustees, employees, affiliates and directors agents referred to in Sections 6 and 7 and 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank MHC and the Selling Shareholder Bank and their respective successors, and said controlling persons, Affiliatespartners, selling agentsofficers, officers and directors and trustees and their heirs and heirs, partners, legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Agency Agreement (Rhinebeck Bancorp, Inc.), Agency Agreement (HarborOne Bancorp, Inc.), Agency Agreement (HarborOne NorthEast Bancorp, Inc.)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Sellers and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Originators and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and 7 and 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Sellers and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Certificates from any the Underwriter shall be deemed to be a successor by reason merely of such purchase. The Company and the Sellers shall be jointly and severally liable for all obligations incurred under this Agreement and the Pricing Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Money Store of New York Inc), Underwriting Agreement (Money Store of New York Inc), Underwriting Agreement (Money Store Sba Loan Backed Adj Rak Cert Series 1997-I)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder Shareholders and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, controlling persons and officers and directors trustees referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, controlling persons and officers and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Purchase Agreement (Nuveen Municipal High Income Opportunity Fund 2), Purchase Agreement (Nuveen Municipal High Income Opportunity Fund 2), Purchase Agreement (Scudder Commodities Stock Fund, Inc.)

Parties. This Agreement and the Pricing Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Bank and the Selling Shareholder Adviser and their respective successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 7 and 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Appears in 3 contracts

Samples: Purchase Agreement (Muniholdings Florida Insured Fund Iii), Purchase Agreement (Muniholdings Florida Insured Fund Ii), Purchase Agreement (Muniholdings Florida Insured Fund Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwritersxxxx Xxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (Aimco Properties Lp), Equity Distribution Agreement (LaSalle Hotel Properties)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Stockholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Stockholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and Section 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Stockholder and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (DigitalBridge Group, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase. In all dealings hereunder, the Representative shall act on behalf of each of the Underwriters, and the parties hereto shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by the Representative.

Appears in 3 contracts

Samples: Underwriting Agreement (Leaf Group Ltd.), Underwriting Agreement (Misonix Inc), Underwriting Agreement (Histogenics Corp)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Trust and the Company and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Trust and the Company and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Trust and the Company and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Consumers Energy Co Financing Iv), Underwriting Agreement (Consumers Power Co), Underwriting Agreement (Consumers Energy Co Financing Ii)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwritersxxxx Xxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors and the controlling persons, Affiliates, selling agents, controlling persons, trustees and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors, and said controlling persons, Affiliates, selling agents, controlling persons and officers and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank you and the Selling Shareholder Company and any Terms Agreement shall inure to the benefit of and be binding upon the Company and any Underwriter who becomes a party to a Terms Agreement and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 9 and 8 10 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (HSBC Holdings PLC), Exhibit (HSBC Holdings PLC), Purchase Agreement (HSBC Holdings PLC)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective personal representatives 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 UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agentstrustees, officers partners, employees and directors agents referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Parties. This Agreement and the Pricing Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Bank and the Selling Shareholder Adviser and their respective successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Appears in 3 contracts

Samples: Purchase Agreement (Muniholdings Florida Insured Fund Iii), Purchase Agreement (Muniholdings Florida Insured Fund Inc), Purchase Agreement (Muniholdings Florida Insured Fund Ii)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: u.s. Purchase Agreement (Wellpoint Health Networks Inc /Ca/), u.s. Purchase Agreement (Republic Services Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, you and the Company, and any Terms Agreement shall inure to the Bank benefit of and be binding upon the Selling Shareholder Company and any Underwriter who becomes a party to a Terms Agreement, and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 6 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said such controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of any Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Anadarko Petroleum Corp), Underwriting Agreement (Anadarko Petroleum Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriterseach Agent, each Forward Seller, each Forward Purchaser, the Company, the Bank and the Selling Shareholder Company 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 UnderwritersAgents, the CompanyForward Sellers, the Bank and Forward Purchasers, the Selling Shareholder Company and their respective successors and the affiliates and controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriterseach Agent, each Forward Seller, each Forward Purchaser, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said affiliates and controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities Shares from or through any Underwriter Agent or Forward Seller shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersAgents, the CompanyForward Purchasers, the Bank and Forward Sellers, the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersAgents, the CompanyForward Purchasers, the Bank and Forward Sellers, the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, the CompanyForward Purchasers, the Bank and Forward Sellers, the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Agents, the Forward Purchasers or the Sellers shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Portland General Electric Co /Or/), Equity Distribution Agreement (Portland General Electric Co /Or/)

Parties. This The applicable Terms Agreement shall inure to the benefit of and be binding upon the UnderwritersCompany and, upon execution of such Terms Agreement, the Company, the Bank and the Selling Shareholder Underwriters and their respective successors. Nothing expressed or mentioned in this these Underwriting Agreement Standard Provisions or such Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this such Terms Agreement or any provision herein or therein contained. This Any applicable Terms Agreement and all conditions and provisions hereof thereof, including these Underwriting Agreement Standard Provisions, are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Underwritten Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Terms Agreement (Suncor Energy Inc), Terms Agreement (Suncor Energy Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Depositor and the Selling Shareholder Trust and their respective successors. In addition, this Agreement shall inure to the benefit of any third party named herein as a third party beneficiary and only to the extent provided herein. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Trust and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 5 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Trust and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Corporate Asset Backed Corp), Underwriting Agreement (Corporate Asset Backed Corp)

AutoNDA by SimpleDocs

Parties. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Mettler and the Selling Shareholder Shareholders 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 U.S. Underwriters, the Company, the Bank Mettler and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank Mettler and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: u.s. Purchase Agreement (Mettler Toledo International Inc/), u.s. Purchase Agreement (Mettler Toledo International Inc/)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Controlling Shareholder and the Selling Shareholder Shareholders and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Controlling Shareholder and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and Section 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Controlling Shareholder and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (SinoTech Energy LTD), Underwriting Agreement (SinoTech Energy LTD)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyTrust, the Bank Administrator, the Investment Adviser and the Selling Shareholder its respective partners and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities AMPS from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Clough Global Allocation Fund), Purchase Agreement (Clough Global Equity Fund)

Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, the Company, the Bank Selling Stockholders and the Selling Shareholder Company and their respective successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Selling Stockholders and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal legal. representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Selling Stockholders and the Selling Shareholder Company and their respective successorssuccessors or assigns, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor or assigns by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Microstrategy Inc), Purchase Agreement (Microstrategy Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and Adviser, the Selling Shareholder Administrator and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and Adviser, the Selling Shareholder Administrator and their respective successors and the controlling persons, Affiliatesaffiliates, selling agentsemployees, officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and Adviser, the Selling Shareholder Administrator and their respective successors, and said controlling persons, Affiliatesaffiliates, selling agentsemployees, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Conseco Inc Et Al), Purchase Agreement (Conseco Inc Et Al)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRxxxxxx Jxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersRxxxxxx Jxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or agents referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersRxxxxxx Jxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities through or from any Underwriter Rxxxxxx Jxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank Fund and the Selling Shareholder Adviser and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Putnam Municipal Opportunities Trust), Purchase Agreement (Putnam Municipal Opportunities Trust)

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

Appears in 2 contracts

Samples: Underwriting Agreement (Beneficial Mortgage Services Inc), Underwriting Agreement (Beneficial Mortgage Services Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyFund, each of the Bank and the Selling Shareholder Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers directors and directors partners referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers directors and directors partners and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities AMPS from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Pioneer Floating Rate Trust), Purchase Agreement (Boulder Growth & Income Fund)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholder(s) and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholder(s) and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholder(s) and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Bloomin' Brands, Inc.), Purchase Agreement (Ameresco, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank and the Selling Shareholder Shareholders and their respective successors. Nothing expressed or mentioned implied in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the U.S. Underwriters, the Company, the Bank and the Selling Shareholder Shareholders and their respective successors successors, and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank and the Selling Shareholder Shareholders and their respective successors, and said such controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of U.S. Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: u.s. Purchase Agreement (Renaissancere Holdings LTD), u.s. Purchase Agreement (Renaissancere Holdings LTD)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Iridium 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Iridium and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Iridium and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: u.s. Purchase Agreement (Iridium LLC), u.s. Purchase Agreement (Iridium LLC)

Parties. This Agreement and the applicable Terms Agreement shall each inure to the benefit of and be binding upon the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's 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 Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6, 7 and 8 and their 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 the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of the Offered Securities from any Underwriter you shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Motorola Inc), Underwriting Agreement (Motorola Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Nuveen Global Government Enhanced Income Fund), Purchase Agreement (Nuveen Equity Premium & Growth Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, you and the Company, and any Terms Agreement shall inure to the Bank benefit of and be binding upon the Selling Shareholder Company and any Underwriter who becomes a party to a Terms Agreement and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 6 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said such controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of any Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Anadarko Petroleum Capital Trust Iii), Underwriting Agreement (Anadarko Petroleum Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder and their respective successorsPartnership Entities. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Partnership Entities and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 6 and 7 and 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Partnership Entities and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (NGL Energy Partners LP), Underwriting Agreement (NGL Energy Partners LP)

Parties. This Agreement and the applicable Terms Agreement ------- shall each inure to the benefit of and be binding upon the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's 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 Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6, 7 and 8 and their 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 the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of the Offered Securities from any Underwriter you shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Motorola Inc), Underwriting Agreement (Motorola Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the CompanyIssuer, the Bank and the Selling Shareholder Subsidiary Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank Issuer and the Selling Shareholder Subsidiary Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersInitial Purchasers, the CompanyIssuer, the Bank and the Selling Shareholder Subsidiary Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Melco Crown Entertainment LTD), Purchase Agreement (Melco Crown Entertainment LTD)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriterseach Agent, Forward Seller and Forward Purchaser, the Company, the Bank and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersAgents, the CompanyForward Sellers and Forward Purchasers, the Bank and the Selling Shareholder Company and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors affiliates referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriterseach Agent, Forward Seller and Forward Purchaser, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares through or from any Underwriter Agent or Forward Seller shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Duke Energy CORP), Equity Distribution Agreement (Duke Energy CORP)

Parties. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: u.s. Purchase Agreement (Aether Systems LLC), u.s. Purchase Agreement (Packard Bioscience Co)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Subsidiary Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Subsidiary Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Subsidiary Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Supreme International Corp), Purchase Agreement (CHC Helicopter Corp)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Seller and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Originators and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and 7 and 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Seller and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Certificates from any the Underwriter shall be deemed to be a successor by reason merely of such purchase. The Company and the Seller shall be jointly and severally liable for all obligations incurred under this Agreement and the Pricing Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Money Store Commercial Mortgage Inc), Underwriting Agreement (Money Store Commercial Mortgage Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Western Asset High Yield Defined Opportunity Fund Inc.), Underwriting Agreement (Western Asset Mortgage Defined Opportunity Fund Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successorssuccessors and legal representatives. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give provide any person, firm or corporation, other than the UnderwritersUnderwriter, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successors and legal representatives and the controlling persons, Affiliatesofficers, selling agentsemployees, officers directors and directors shareholders referred to in Sections 7 and 8 and their respective 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 the UnderwritersUnderwriter, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successorssuccessors and legal representatives, and said such controlling persons, Affiliates, selling agentsshareholders, officers and directors and their respective heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Taylor Companies Inc), Underwriting Agreement (Ram Energy Inc/Ok)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriter and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriter and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriter and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Finova Capital Corp), Underwriting Agreement (Finova Capital Corp)

Parties. This Agreement and the Pricing Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 7 and 8 Section 6 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Protective Life Corp), Purchase Agreement (Protective Life Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyCarvana Parties, the Bank Selling Stockholders and the Selling Shareholder and each of their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyCarvana Parties, the Bank Selling Stockholders and the Selling Shareholder and each of their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyCarvana Parties, the Bank Selling Stockholders and the Selling Shareholder and each of their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Advisers and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliates, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (SunAmerica Focused Alpha Large-Cap Fund, Inc.), Purchase Agreement (SunAmerica Focused Alpha Growth Fund, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors (and, solely to the extent expressly provided in Section 6 and 7, the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives), any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successorssuccessors (and, solely to the extent expressly provided in Section 6 and 7, said controlling persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives), and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Fuller H B Co), Underwriting Agreement (Fuller H B Co)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyPartnership Parties, the Bank Parent and the Selling Shareholder Unitholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyPartnership Parties, the Bank Parent and the Selling Shareholder Unitholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 7 and Section 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyPartnership Parties, the Bank Parent and the Selling Shareholder Unitholder and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Exterran Partners, L.P.), Underwriting Agreement (Exterran Holdings Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: u.s. Purchase Agreement (Brightpoint Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Founder and the Selling Shareholder Stockholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Founder and the Selling Shareholder Stockholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Founder and the Selling Shareholder Stockholder and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Interactive Intelligence Inc)

Parties. This Agreement and the Pricing Agreement shall inure ------- to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Bank and the Selling Shareholder Adviser and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Muniyield California Insured Fund Ii Inc)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Offerors and the Selling Shareholder Underwriters and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successorssuccessors and legal representatives, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Kennametal Financing I)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Stockholders and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Company and the Selling Shareholder Stockholders and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections Section 6 hereof and Section 7 and 8 hereof and their successors, heirs and legal representativesRepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank Company and the Selling Shareholder Stockholders and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties and their successors, heirs and legal representativesRepresentative, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (BOSTON OMAHA Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder each Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyFund, the Bank and the Selling Shareholder each Adviser and their respective successors and the controlling personspersons and shareholders, Affiliatespartners, selling agentsmembers, directors, officers and directors trustees referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder each Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agentsshareholders, officers members, partners and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities AMPS from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Pimco Corporate Opportunity Fund)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersInitial Purchaser, the Company, the Bank Operating Partnership and the Selling Shareholder Advisor and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersInitial Purchaser, the Company, the Bank Operating Partnership and the Selling Shareholder Advisor and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersInitial Purchaser, the Company, the Bank Operating Partnership and the Selling Shareholder Advisor and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.)

Parties. This Agreement and the Pricing Agreement shall each ------- inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyOfferors, the Bank and the Selling Shareholder and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representativesrepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors and their heirs and legal representativesrepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Life Financial Capital Trust)

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