Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 23 contracts
Samples: Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc), Underwriting Agreement (Gabelli Multimedia Trust Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesRepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representativesRepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 18 contracts
Samples: Purchase Agreement (Cohen & Steers Reit & Utility Income Fund Inc), Purchase Agreement (Cohen & Steers Select Utility Fund Inc), Agreement (Cohen & Steers Premium Income Realty Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 17 contracts
Samples: Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Underwriting Agreement (Afs Sensub Corp.), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 15 contracts
Samples: Purchase Agreement (Boston Scientific Corp), Purchase Agreement (Comdisco Inc), Purchase Agreement (Quality Food Centers Inc)
Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and thereto and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 15 contracts
Samples: Purchase Agreement (Muniholdings California Fund Inc/), Purchase Agreement (Debt Strategies Fund Iii Inc), Purchase Agreement (Muniholdings California Insured Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundOperating Partnership, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundOperating Partnership, the Adviser and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundOperating Partnership, the Adviser and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 14 contracts
Samples: Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP), Underwriting Agreement (Brixmor Operating Partnership LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser and the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser and the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 13 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundTrust, and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Samples: Underwriting Agreement (Bank of America Corp /De/), Underwriting Agreement (Bank of America Corp /De/), Underwriting Agreement (Bac Capital Trust Xii)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Samples: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (Taylor Capital Group Inc), Underwriting Agreement (Emc Insurance Group Inc), Underwriting Agreement (Taylor Capital Group Inc)
Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and thereto and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 8 contracts
Samples: Purchase Agreement (Muniholdings New York Insured Fund Ii /New/), Purchase Agreement (Muniholdings California Insured Fund Iii Inc), Purchase Agreement (Muniholdings New Jersey Insured Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (Colonial Realty Limited Partnership)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Management Agreement (Cohen & Steers Closed-End Opportunity Fund, Inc.), Form of Purchase Agreement (Cohen & Steers Quality Income Realty Fund Inc), Purchase Agreement (Cohen & Steers Premium Income Realty Fund Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, directors officers and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Physicians Realty L.P.), Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto or thereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2019-4), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2019-3), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2019-2)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, each of the Adviser Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Advisers and their respective successors and the controlling persons and officers officers, directors and directors managing member referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Advisers and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 6 contracts
Samples: Purchase Agreement (Dow 30 Premium & Dividend Income Fund Inc.), Purchase Agreement (Global Income & Currency Fund Inc.), Purchase Agreement (S&P 500 GEARED Fund Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Noranda Aluminum Holding CORP), Underwriting Agreement (Noranda Aluminum Holding CORP), Underwriting Agreement (Noranda Aluminum Holding CORP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Calamos Dynamic Convertible & Income Fund), Underwriting Agreement (Calamos Global Dynamic Income Fund), Underwriting Agreement (Calamos Strategic Total Return Fund)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Agl Resources Inc), Underwriting Agreement (Agl Resources Inc), Underwriting Agreement (Agl Resources Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (CM Finance Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Ameristar Casinos Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers directors, officers, agents, Affiliates and directors employees referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and directors, officers, directors agents, Affiliates and employees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Nomura Holdings Inc, Underwriting Agreement (Nomura Holdings Inc), Nomura Holdings Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.), Underwriting Agreement (OneMain Holdings, Inc.)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 5 contracts
Samples: Purchase Agreement (Muniholdings Insured Fund Iii Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc), Exhibit 99 (Muniholdings New York Insured Fund Iii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundDepositor and HSBC Finance, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 9 and 7 10 above and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: HSBC Home Equity Loan Trust (HSBC Home Equity Loan Trust (USA) 2006-3), HSBC Home (HSBC Home Equity Loan CORP II), HSBC Home Equity Loan Trust (HSBC Home Equity Loan Trust (USA) 2007-3)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Parent Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Parent Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Parent Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (H&r Block Inc), Underwriting Agreement (H&r Block Inc), Underwriting Agreement (H&r Block Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Advisor and their respective successors and the controlling persons and officers and directors officers, directors, employees or Affiliates referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors, and said controlling persons and officers, directors directors, employees or Affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporationPerson. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Wachovia Commercial Mort Pass Thru Cert Ser 2002-C2), Underwriting Agreement (Wachovia Comm Mort Sec Inc Pass THR Certs Ser 2003-C9), Underwriting Agreement (Wachovia Commercial Mort Sec Inc Com Mor Ps THR Cer Se 03-C8)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and their respective successors successors, Affiliates, selling agents and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and the Trust, the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Nb Capital Trust Iii, Nb Capital Trust Iv, Nb Capital Trust Ii
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (New Fortress Energy LLC), Underwriting Agreement (New Fortress Energy LLC), Underwriting Agreement (New Fortress Energy LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Purchase Agreement (United Rentals Inc), Purchase Agreement (Boston Properties Inc), Purchase Agreement (Blackrock Inc /Ny)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors successors, affiliates (as indicated) and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, affiliates (as indicated) and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Eagle Bulk Shipping Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors, and said controlling persons personx xxx xxficers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C20), Underwriting Agreement (Wachovia Comm Mort Sec Inc Com Mort Pasthr Certs Ser 2003 C5), Underwriting Agreement (Wachovia Commercial Mort Pass THR Certs Ser 2004-C10)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (MF Global Finance North America Inc.), Underwriting Agreement (Agl Resources Inc), Underwriting Agreement (Agl Resources Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Depositor and their its respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, Underwriters any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 7 and 8 and their heirs and legal representatives, Underwriters and for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Terms Agreement (Ml Asset Backed Corp), Terms Agreement (Pooled Auto Securities Shelf LLC), Terms Agreement (Ml Asset Backed Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons within the meaning of Section 15 of the 1933 Act and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners successors and successorsassigns, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Atmos Energy Corp), Purchase Agreement (Atmos Energy Corp), Purchase Agreement (Atmos Energy Corp)
Parties. This Agreement shall each inure to the benefit of and ------- be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Ixl Enterprises Inc), Purchase Agreement (Ipg Photonics Corp), Purchase Agreement (United Rentals Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Advisor and their respective successors and the controlling persons and officers and directors officers, directors, employees or Affiliates referred to in Sections 6 Section 7 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors, and said controlling persons and officers, directors directors, employees or Affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporationPerson. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Retail Opportunity Investments Partnership, LP), Retail Opportunity (Retail Opportunity Investments Partnership, LP), Underwriting Agreement (Retail Opportunity Investments Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Guarantors and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Guarantors and the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, successors and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Kb Home), Underwriting Agreement (Kb Home), Kb Home
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement (Landsea Homes Corp), Underwriting Agreement
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesrepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representativesrepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Gabelli Healthcare & WellnessRx Trust), Underwriting Agreement (Tortoise Energy Capital Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers officers, trustees and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Keystone Property Trust), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundTrust, the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundTrust, the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundTrust, the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (National City Corp), Purchase Agreement (National City Corp), Purchase Agreement (National City Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Trust and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (PermRock Royalty Trust), Underwriting Agreement (Boaz Energy II, LLC), Underwriting Agreement (PermRock Royalty Trust)
Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and xxxxxxx and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Muniholdings Insured Fund Inc/Nj), Purchase Agreement (Muniholdings Fund Inc), Purchase Agreement (Muniholdings Fund Ii Inc/Nj)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriter and the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Hutchison China MediTech LTD), Underwriting Agreement (CK Hutchison Holdings LTD), Ladish Co Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Depositor and their its respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, Underwriters any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 8 and 9 and their heirs and legal representatives, Underwriters and for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Merrill Auto Trust Securitization 2008-1), Underwriting Agreement (Merrill Auto Trust Securitization 2007-1)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and MLMLI and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and MLMLI and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and MLMLI and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Merrill Lynch Mort Inv Inc Com MRT Pas THR Cert Ser 2002 Mw1), Merrill Lynch Mortgage Investors Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, each of the Adviser Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Advisers and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Advisers and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Small Cap Premium & Dividend Income Fund, Inc.), Of Purchase Agreement (S&P 500 Covered Call Fund Inc.)
Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the UnderwritersCompany, NAI, the Fund, Representative and the Adviser other Underwriters and their respective partners and successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser NAI and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: CBS Corp, Viacom Inc.
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Preferred Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Calamos Strategic Total Return Fund), Underwriting Agreement (Calamos Global Dynamic Income Fund)
Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, BJK&E and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, BJK&E and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, BJK&E and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Poppe Tyson Inc), Purchase Agreement (Poppe Tyson Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Chartwell Dividend & Income Fund Inc), Chartwell Dividend & Income Fund Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Operating Partnership and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Operating Partnership and the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Operating Partnership and the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Retail Opportunity (Retail Opportunity Investments Partnership, LP), Retail Opportunity (Retail Opportunity Investments Partnership, LP)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, trustees and directors general partner referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, directors trustees and general partner and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Muniholdings Pennsylvania Insured Fund), Purchase Agreement (Muniholdings Florida Insured Fund Iv)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: AllianzGI Convertible & Income Fund, AllianzGI Convertible & Income Fund II
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and its successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective its successors and the controlling persons persons, affiliates and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment and their respective partners and its successors, and said controlling persons persons, affiliates and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Cohen & Steers MLP Income & Energy Opportunity Fund, Cohen & Steers LTD Duration Preferred & Income Fund, Inc.
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section [8] and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Afs Sensub Corp.), Underwriting Agreement (Afs Sensub Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Purple Innovation, Inc.), Underwriting Agreement (Purple Innovation, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Equity One, Inc.), Purchase Agreement (Equity One, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the FundCarMax, the Adviser Depositor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCarMax, the Adviser Depositor and their respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCarMax, the Adviser Depositor and their respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 6 and 7 and their heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Carmax Auto Funding LLC), Underwriting Agreement (Carmax Auto Funding LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: www.imperialcapital.co.com, Purchase Agreement (Imperial Capital Group, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, trustees and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, directors trustees and general partner and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 2 contracts
Samples: Exhibit 99 (Muniholdings Pennsylvania Insured Fund), Purchase Agreement (Muniholdings Florida Insured Fund Iv)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Gabelli Equity Trust Inc), Purchase Agreement (Gabelli Global Gold, Natural Resources & Income Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the FundTransferor, the Adviser Ryder 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 FundTransferor, the Adviser Ryder and their respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundTransferor, the Adviser Ryder and their respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 6 and 7 and their heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No purchaser of Shares Senior Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Ryder Vehicle Lease (Ryder Truck Rental I Lp), Ryder Funding Ii Lp
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter and the Trust, the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriter and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 and 7 and their heirs and legal representativesUnderwriter, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representativesUnderwriter, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Resource Capital Trust I), Highlands Capital Trust I
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Trust and the Adviser Advisors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Trust and the Adviser Advisors and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Trust and the Adviser Advisors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (BlackRock Real Asset Equity Trust), Underwriting Agreement (BlackRock International Growth & Income Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany and the Selling Shareholder, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Eastshore Aviation, LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Carvana Parties and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Carvana Parties and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Carvana Parties and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Nextlink Communications LLC), Underwriting Agreement (Nextlink Communications LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (TreeHouse Foods, Inc.), Purchase Agreement (TreeHouse Foods, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Cornerstone Progressive Return Fund), Underwriting Agreement (Cornerstone Progressive Return Fund)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (NGP Capital Resources Co), Underwriting Agreement (NGP Capital Resources Co)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Nextlink Communications Inc / De), Underwriting Agreement (Nextlink Communications Inc / De)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors, and said controlling persons personx xxx xxficers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Wachovia Bank Commercial Mortgage Trust Series 2006-C23, Wachovia Bank Commercial Mortgage Trust Series 2007-C30
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Xxxxxxxx and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C17), Underwriting Agreement (Wachovia Commercial Mortgage Securities Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser PAFM and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser PAFM and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser PAFM and their respective partners and successors, and said controlling persons and officers, trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (PIMCO Floating Rate Strategy Fund), Transfer Agency Services Agreement (Pimco Floating Rate Income Fund)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections SECTION 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Samples: Purchase Agreement (Tornier N.V.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser and Guarantors, their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Depositor and the Adviser Issuer and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporationentity, other than the UnderwritersUnderwriter, the Fund, Depositor and the Adviser Issuer and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and 8 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Depositor and the Adviser Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm Person or corporationentity. No purchaser of Shares Certificates from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCapital Parties, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Partnership and Capital Maritime and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesRepresentatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Partnership and Capital Maritime and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representativesRepresentatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
