Common use of Representation and Warranty as to Receipts and Depositary Shares Clause in Contracts

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 54 contracts

Samples: Deposit Agreement (Enterprise Bancorp Inc /Ma/), Deposit Agreement (First Bancorp /Nc/), Deposit Agreement (Southern First Bancshares Inc)

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Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/25th fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 21 contracts

Samples: Deposit Agreement (Citigroup Inc), Deposit Agreement (Citigroup Inc), Deposit Agreement (Citigroup Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 16 contracts

Samples: Deposit Agreement (AGNC Investment Corp.), Deposit Agreement (AGNC Investment Corp.), Deposit Agreement (AGNC Investment Corp.)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 14 contracts

Samples: Exhibit (Duke Realty Corp), Deposit Agreement (Duke Realty Corp), Deposit Agreement (Duke Realty Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid one-tenth fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 13 contracts

Samples: Deposit Agreement (Jpmorgan Chase & Co), Deposit Agreement (Jpmorgan Chase & Co), Deposit Agreement (Jpmorgan Chase & Co)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/400 fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 9 contracts

Samples: Deposit Agreement (Jpmorgan Chase & Co), Deposit Agreement (Jpmorgan Chase & Co), Deposit Agreement (Jpmorgan Chase & Co)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a share of deposited Convertible Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Convertible Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 9 contracts

Samples: Deposit Agreement (Citigroup Inc), Deposit Agreement (Citigroup Inc), Deposit Agreement (Citigroup Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a share of deposited Preferred Stock Preference Share represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Preference Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 8 contracts

Samples: Deposit Agreement (Aspen Insurance Holdings LTD), Deposit Agreement (Aspen Insurance Holdings LTD), Deposit Agreement (Aspen Insurance Holdings LTD)

Representation and Warranty as to Receipts and Depositary Shares. The Company Bank hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/40 fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 4 contracts

Samples: Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Merrill Lynch & Co Inc), Deposit Agreement (Bank of America Corp /De/)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a share of deposited Preferred Stock Share represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 4 contracts

Samples: Deposit Agreement (Arch Capital Group Ltd.), Deposit Agreement (Arch Capital Group Ltd.), Deposit Agreement (Arch Capital Group Ltd.)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/400th fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 4 contracts

Samples: Deposit Agreement (Jpmorgan Chase & Co), Deposit Agreement (Jpmorgan Chase & Co), Deposit Agreement (Jpmorgan Chase & Co)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10th fractional interest in a share of deposited Preferred Stock represented by underlying such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 3 contracts

Samples: Deposit Agreement (CBL & Associates Properties Inc), Deposit Agreement (CBL & Associates Properties Inc), Deposit Agreement (CBL & Associates Properties Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional interest in a share of deposited Preferred Stock Shares represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 3 contracts

Samples: Deposit Agreement (Capital Automotive Reit), Deposit Agreement (Trustreet Properties Inc), Deposit Agreement (Brandywine Operating Partnership Lp /Pa)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional 1/25th ownership interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 3 contracts

Samples: Deposit Agreement (Fifth Third Bancorp), Deposit Agreement (Fifth Third Bancorp), Deposit Agreement (Fifth Third Bancorp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and that each Depositary Share will represent a legal and valid validly issued, fully paid and nonassessable 1/1,000 fractional interest in a share of deposited Class N Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Class N Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 2 contracts

Samples: Deposit Agreement (Kimco Realty Corp), Deposit Agreement (Kimco Realty Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a share of deposited Class E Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Class E Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Price Reit Inc), Preferred Stock Purchase Agreement (Kimco Realty Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/100 fractional interest in a share of one deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 2 contracts

Samples: Deposit Agreement (Colonial Properties Trust), Deposit Agreement (Mills Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional 1/1000th ownership interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 2 contracts

Samples: Deposit Agreement (Fifth Third Bancorp), Deposit Agreement (Fifth Third Bancorp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a share of deposited Series D Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Series D Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 2 contracts

Samples: Deposit Agreement (Highwoods Forsyth L P), Deposit Agreement (Highwoods Properties Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a share of deposited Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Excel Realty Trust Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid one-hundredth fractional interest in a share of deposited Preferred Stock Shares represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Global Ship Lease, Inc.)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional 1/40th ownership interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (MainStreet Bancshares, Inc.)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/250th fractional interest in a share of deposited Convertible Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Convertible Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Fifth Third Bancorp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/20th fractional interest in a share of deposited Convertible Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Convertible Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Apache Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/40 th fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Huntington Bancshares Inc/Md)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a share of one deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Colonial Properties Trust)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a share of deposited Preferred Stock Series B Preference Share represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Series B Preference Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Athene Holding LTD)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid ___ fractional interest in a share of deposited Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (New Plan Realty Trust)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1000th fractional interest in a share of deposited Series A Preferred Stock represented by such and each Receipt, when issued, will evidence a legal a valid ownership interest in a Depositary Share. Such representation and warranty shall survive the deposit of the Series A Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Green Brick Partners, Inc.)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/40th fractional interest in a share of deposited Convertible Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Convertible Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Hartford Financial Services Group Inc/De)

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Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional interest in a share of deposited Preferred Stock Share represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Federal Realty Investment Trust)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests fractional ownership interest in the Depositary Shares a share of Series A Preferred Stock and each Depositary Share will represent a legal and valid 1/1000th fractional interest in a share of deposited Series A Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Series A Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Cadiz Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/100 fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (FelCor Lodging Trust Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1000th fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (XOMA Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a deposited share of deposited Series VV Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Series VV Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Telephone & Data Systems Inc /De/)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/100th fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (CorEnergy Infrastructure Trust, Inc.)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.. ARTICLE IV

Appears in 1 contract

Samples: Deposit Agreement (Si International Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a deposited share of deposited Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary SharesReceipts.

Appears in 1 contract

Samples: Deposit Agreement (Meditrust Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/100th fractional interest in a share of deposited Preferred Stock Share represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Axis Capital Holdings LTD)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.Depositary

Appears in 1 contract

Samples: Deposit Agreement (Midwest Banc Holdings Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid one fourth (1/4) fractional interest in a share of deposited Series A Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Series A Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Independent Bank Corp /Mi/)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid [ ] fractional interest in a share of deposited Preferred Stock Share represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (AXIS Specialty Finance LLC)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid fractional one-tenth interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Ace LTD)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a share of deposited Preferred Stock Preference Share represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Series A Preference Shares and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Athene Holding LTD)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a share of one deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock Shares and the issuance of Receipts evidencing the Depositary Shares.. Article IV

Appears in 1 contract

Samples: Deposit Agreement (Colonial Properties Trust)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid [•] fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (American Capital Agency Corp)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a share of deposited Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.. Article IV

Appears in 1 contract

Samples: Deposit Agreement (New Plan Excel Realty Trust Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/10 fractional interest in a deposited share of deposited Preferred Stock represented by such Depositary ShareStock. Such representation and warranty shall survive the deposit of the Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Smith Charles E Residential Realty Inc)

Representation and Warranty as to Receipts and Depositary Shares. The Company hereby represents and warrants that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and each Depositary Share will represent a legal and valid 1/1,000th fractional interest in a deposited share of deposited Series UU Preferred Stock represented by such Depositary Share. Such representation and warranty shall survive the deposit of the Series UU Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.

Appears in 1 contract

Samples: Deposit Agreement (Telephone & Data Systems Inc /De/)

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