Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 256 contracts
Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Ultragenyx Pharmaceutical Inc.), Sales Agreement (Arcutis Biotherapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 187 contracts
Samples: Sales Agreement (CorMedix Inc.), Financing Agreement (Luminar Technologies, Inc./De), Common Stock (Nanoviricides, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 159 contracts
Samples: Sales Agreement (PLBY Group, Inc.), Sales Agreement (Sonim Technologies Inc), Sales Agreement (AGNC Investment Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 132 contracts
Samples: Sales Agreement (Poseida Therapeutics, Inc.), Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (Semler Scientific, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 85 contracts
Samples: Sales Agreement (Keros Therapeutics, Inc.), Sales Agreement (Oculis Holding AG), Sales Agreement (Pharvaris N.V.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 72 contracts
Samples: Sales Agreement (Tonix Pharmaceuticals Holding Corp.), Sales Agreement (CNS Pharmaceuticals, Inc.), Sales Agreement (Freight Technologies, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 56 contracts
Samples: Sales Agreement (LIGHTBRIDGE Corp), Sales Agreement (Medicinova Inc), Sales Agreement (Emerald Oil, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 34 contracts
Samples: Sales Agreement (PDS Biotechnology Corp), Strawberry Fields (Strawberry Fields REIT, Inc.), Distribution Agreement (Biora Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 31 contracts
Samples: Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp), Sales Agreement (Actinium Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 30 contracts
Samples: Sales Agreement (Crinetics Pharmaceuticals, Inc.), Sales Agreement (Gorilla Technology Group Inc.), Sales Agreement (Gorilla Technology Group Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 29 contracts
Samples: Sales Agreement (Editas Medicine, Inc.), Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Vir Biotechnology, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 26 contracts
Samples: Sales Agreement (Albireo Pharma, Inc.), Common Stock Sales Agreement (Annexon, Inc.), Common Stock (Unity Biotechnology, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 22 contracts
Samples: Cherry Hill Mortgage Investment Corp, Kingstone Companies, Inc., Sales Agreement (Ardelyx, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 21 contracts
Samples: Sales Agreement (Perspective Therapeutics, Inc.), Sales Agreement (Fulcrum Therapeutics, Inc.), Sales Agreement (Arcturus Therapeutics Holdings Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenHCW, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 20 contracts
Samples: Sales Agreement (Flux Power Holdings, Inc.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (Cyclacel Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 19 contracts
Samples: Cardiome Pharma Corp, Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 18 contracts
Samples: Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CapLease, Inc.), Sales Agreement (CapLease, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXX Xxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 15 contracts
Samples: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Lyell Immunopharma, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 15 contracts
Samples: Sales Agreement (Seaspan CORP), Common Stock (Pacific Ethanol, Inc.), ITUS Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 13 contracts
Samples: Equity Distribution Agreement, Sales Agreement (LIGHTBRIDGE Corp), Equity Distribution Agreement (First Foundation Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 13 contracts
Samples: Sales Agreement (Mirum Pharmaceuticals, Inc.), Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Dare Bioscience, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 12 contracts
Samples: Sales Agreement (Hyzon Motors Inc.), Sales Agreement (Energy Fuels Inc), Market Issuance Sales Agreement (Novavax Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 12 contracts
Samples: Sales Agreement (Opiant Pharmaceuticals, Inc.), Sales Agreement (Durect Corp), Sales Agreement (Anavex Life Sciences Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 12 contracts
Samples: Sales Agreement (Ramco Gershenson Properties Trust), Sales Agreement (First Potomac Realty Trust), Sales Agreement (Hersha Hospitality Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company Transaction Entities herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (ia) any investigation made by or on behalf of Cowenthe Manager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees, partners or controlling persons), (iib) delivery and acceptance of the Placement Shares and payment therefor or (iiic) any termination of this Agreement.
Appears in 11 contracts
Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of the Agent herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 11 contracts
Samples: Sonim Technologies Inc, Plug Power Inc, Stellus Capital Investment Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 11 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agents herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 10 contracts
Samples: Sachem Capital Corp., Sachem Capital Corp., Sales Agreement (Actinium Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXx Xxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 10 contracts
Samples: Sales Agreement (Xoma LTD /De/), Sales Agreement (Peregrine Pharmaceuticals Inc), Magnum Hunter Resources Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agent, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 10 contracts
Samples: Common Stock (Oragenics Inc), Sales Agreement (Singing Machine Co Inc), Common Stock (Allarity Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 9 contracts
Samples: Market Sales Agreement (Atlanticus Holdings Corp), Sales Agreement (Inmune Bio, Inc.), Sales Agreement (Inmune Bio, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and Xxxxx-Xxxxxx herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx-Xxxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 9 contracts
Samples: Common Stock (Icad Inc), Sales Agreement (Microvision, Inc.), Airgain Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of MLV herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 8 contracts
Samples: Transwitch Corporation (Transwitch Corp /De), Aveo Pharmaceuticals Inc, Complete Genomics Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company or the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 8 contracts
Samples: Sales Agreement (Vitae Pharmaceuticals, Inc), Sales Agreement (Ardelyx, Inc.), Sales Agreement (Signal Genetics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Samples: Market Sales Agreement (Outlook Therapeutics, Inc.), Sales Agreement (OncoCyte Corp), Market Sales Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of the Agents herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Samples: Horizon Technology Finance Corp, Centrus Energy Corp, Horizon Technology Finance Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 7 contracts
Samples: Common Stock (BIND Therapeutics, Inc), Achaogen Inc, Sales Agreement (Cempra, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenAscendiant, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 7 contracts
Samples: Common Stock (Ault Alliance, Inc.), Common Stock (Ault Global Holdings, Inc.), Common Stock (DPW Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Samples: Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective datessurvive and remain in full force and effect, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (Standard Lithium Ltd.), Sales Agreement (Endeavour Silver Corp), Sales Agreement (Aurora Cannabis Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (Creative Realities, Inc.), Sales Agreement (Onconova Therapeutics, Inc.), Sales Agreement (Tanzanian Gold Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (Uranium Energy Corp), Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (Anworth Mortgage Asset Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 12 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Acasti Pharma Inc., Adcare Health Systems, Inc, Adcare Health Systems, Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 7 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriters, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement (CareCloud, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenSVB Leerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Sales Agreement (uniQure N.V.), Sales Agreement (Global Blood Therapeutics, Inc.), Sales Agreement (Axovant Gene Therapies Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Novavax Inc, Novavax Inc, Novavax Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and BP herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBP, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Vical Incorporated (Vical Inc), Sales Agreement (Microvision Inc), Vical Incorporated (Vical Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agents, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (ENDRA Life Sciences Inc.), ENDRA Life Sciences Inc., ENDRA Life Sciences Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of made by the Company Partnership Parties herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Partnership Parties (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Hoegh LNG Partners LP), KNOT Offshore Partners LP, KNOT Offshore Partners LP
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenHCW, any controlling personspersons of HCW, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Capricor Therapeutics, Inc.), Common Stock (Savara Inc), Stock Sales Agreement (Capricor Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and Univest herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenUnivest, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Houston American Energy Corp, Soluna Holdings, Inc, Houston American Energy Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (YRC Worldwide Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Silver Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Gold Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Resource Capital Corp.), Resource Capital Corp., Resource Capital Corp.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agents, any controlling personsperson of the Sales Agents, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Orbital Energy Group, Inc.), Sales Agreement (Scilex Holding Co), Sales Agreement (Scilex Holding Co)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and FBR herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Enphase Energy, Inc., Mannkind Corp, Evoke Pharma Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Golden Star Resources Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 and Section 11 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (NewLake Capital Partners, Inc.), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of of: (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), ; (ii) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.), Sales Agreement (SITIME Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLeerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (uniQure N.V.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (uniQure N.V.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXX Xxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Generation Bio Co.), Sales Agreement (Revolution Medicines, Inc.), Sales Agreement (Madrigal Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.), Original Agreement (Infinity Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Nano-X Imaging Ltd.), Sales Agreement (CareCloud, Inc.), Sales Agreement (CareCloud, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenManager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, employees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Pangaea Logistics Solutions Ltd., Pangaea Logistics Solutions Ltd., Eagle Bulk Shipping Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Agile Therapeutics Inc), Sales Agreement (Avino Silver & Gold Mines LTD)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxxxxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Galectin Therapeutics Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx Fargo, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (BOSTON OMAHA Corp), BOSTON OMAHA Corp, Sales Agreement (CBL & Associates Properties Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (American Capital Agency Corp), Sales Agreement (American Capital Agency Corp), American Capital Agency Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Shares Sales Agreement (Adaptimmune Therapeutics PLC), Stock Sales Agreement (Corindus Vascular Robotics, Inc.), Sales Agreement (Aptose Biosciences Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Sales Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Interpace Diagnostics Group, Inc.), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Volitionrx LTD)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Notes and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Magicjack Merger Agreement (B. Riley Financial, Inc.), Magicjack Merger Agreement (B. Riley Financial, Inc.), B. Riley Financial, Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenChardan, any controlling personsperson of Chardan, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Cemtrex Inc), Equity Distribution Agreement (Nymox Pharmaceutical Corp), Equity Distribution Agreement (Hemispherx Biopharma Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares ADSs and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Adagene Inc.), Sales Agreement (Itamar Medical Ltd.), Sales Agreement (RedHill Biopharma Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenAegis, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 3 contracts
Samples: Flora Growth (Flora Growth Corp.), Sales Agreement (SciSparc Ltd.), Singing Machine Co Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), Aemetis, Inc, Sales Agreement (LIGHTBRIDGE Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Invitae Corp), Sales Agreement (Oyster Point Pharma, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: America First Multifamily Investors, L.P., America First Multifamily Investors, L.P., America First Multifamily Investors, L.P.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered by the Company pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Southern Missouri Bancorp, Inc., Lakeland Bancorp Inc, Unity Bancorp Inc /Nj/
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Security Agreement (Landmark Infrastructure Partners LP), Landmark Infrastructure Partners LP, Stonemor Partners Lp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares ADSs and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (BICYCLE THERAPEUTICS PLC), Genenta Science S.p.A.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Coweneither Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: YRC Worldwide Inc., ARYx Therapeutics, Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered by the Company pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor therefor, or (iii) any termination of this Agreement.
Appears in 2 contracts
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCantor, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares sold by Cantor and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Scynexis Inc, Scynexis Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriter, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 12 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Resource Capital Corp.), Resource Capital Corp.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLadenburg, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares sold by Ladenburg and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLeerink Partners, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Common Stock Sales Agreement (Edgewise Therapeutics, Inc.), Common Stock Sales Agreement (Edgewise Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their its respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenJMP, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Baudax Bio, Inc., Sales Agreement (Hatteras Financial Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Curis Inc), Curis Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Rait Financial Trust (RAIT Financial Trust), RAIT Financial Trust
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 11 hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenB. Xxxxx Securities, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Umh Properties, Inc., Monmouth Real Estate Investment Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any person controlling personsthe Agent or any affiliate of the Agent, or by or on behalf of the Company (Company, its officers or directors or any of their respective officers, directors or person controlling persons)the Company, (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (INSMED Inc), Insmed Incorporated (INSMED Inc)