Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLV, 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: At Market Issuance Sales Agreement (Geron Corp), At Market Issuance Sales Agreement (NephroGenex, Inc.), At Market Issuance Sales Agreement (NephroGenex, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 10 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 MLVthe 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 24 contracts
Samples: Sales Agreement (Satellogic Inc.), Sales Agreement (Seabridge Gold Inc), Sales Agreement (GDEV Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), Sales Agreement (Kingstone Companies, Inc.), At Market Issuance Sales Agreement (Moleculin Biotech, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 10 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 MLV, 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: At Market Issuance Sales Agreement (Cardiome Pharma Corp), Sales Agreement (Shale Hunter, LLC), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLVthe 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: At Market Issuance Sales Agreement (Aemetis, Inc), Equity Distribution Agreement, At the Market Issuance Sales Agreement (LIGHTBRIDGE Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: At Market Issuance Sales Agreement (Sonim Technologies Inc), At Market Issuance Sales Agreement (Plug Power Inc), At Market Issuance Sales Agreement (Stellus Capital Investment Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 10 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 MLVXx 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: At Market Issuance Sales Agreement (Magnum Hunter Resources Corp), At Market Issuance Sales Agreement (Generex Biotechnology Corp), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: At Market Issuance Sales Agreement (Sachem Capital Corp.), At Market Issuance Sales Agreement (Sachem Capital Corp.), At Market Issuance Sales Agreement (Sachem Capital Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVXxxxx-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: At the Market Issuance Sales Agreement (Airgain Inc), At the Market Issuance Sales Agreement (Microvision, Inc.), At the Market Issuance Sales Agreement (Icad Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVAgent, 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: At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust), At Market Issuance Sales Agreement (Physicians Realty Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 of this Agreement and all representations and warranties of the Company Company, the Operating Partnership, the Manager and MLV 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 MLVthe Agent, any controlling persons, or the Company and 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 8 contracts
Samples: At the Market Issuance Sales Agreement (Great Ajax Corp.), At the Market Issuance Sales Agreement (Great Ajax Corp.), At the Market Issuance Sales Agreement (Great Ajax Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLV, 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: At Market Issuance Sales Agreement (Aveo Pharmaceuticals Inc), At Market Issuance Sales Agreement (Complete Genomics Inc), At Market Issuance Sales Agreement (Transwitch Corp /De)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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 (Relypsa Inc), Sales Agreement (Ardelyx, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: At Market Issuance Sales Agreement (Horizon Technology Finance Corp), At Market Issuance Sales Agreement (Centrus Energy Corp), At Market Issuance Sales Agreement (Horizon Technology Finance Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 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 MLVthe 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 10 and Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVAgent, 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: Equity Distribution Agreement (NewLake Capital Partners, Inc.), Equity Distribution Agreement (NewLake Capital Partners, Inc.), At the Market Sales Agreement (Innovative Industrial Properties Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement hereof and all representations and warranties of the Company and MLV 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 MLVthe Agent, the Forward Purchaser, 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: At Market Issuance Sales Agreement (Physicians Realty L.P.), At Market Issuance Sales Agreement (Physicians Realty L.P.), At Market Issuance Sales Agreement (Physicians Realty L.P.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLV, 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: At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (Resource Capital Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLVthe 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 4 contracts
Samples: Equity Distribution Agreement (Meridian Corp), Equity Distribution Agreement (Penns Woods Bancorp Inc), At Market Issuance Sales Agreement (Aemetis, Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVAegis, 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: At the Market Issuance Sales Agreement (Flora Growth Corp.), At the Market Issuance Sales Agreement (SciSparc Ltd.), At the Market Issuance Sales Agreement (Singing Machine Co Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLVthe 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 4 contracts
Samples: Sales Agreement (Nano-X Imaging Ltd.), Sales Agreement (Aurora Innovation, Inc.), Sales Agreement (CareCloud, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVUnivest, 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: At the Market Issuance Sales Agreement (Houston American Energy Corp), At the Market Issuance Sales Agreement (Soluna Holdings, Inc), At the Market Issuance Sales Agreement (Houston American Energy Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 9 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 MLVHCW, 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.), Sales Agreement (Capricor Therapeutics, Inc.), Sales Agreement (Savara Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of made by the Company and MLV 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 MLVthe 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: At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (KNOT Offshore Partners LP), At the Market Issuance Sales Agreement (Hoegh LNG Partners LP)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVFBR, 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: At Market Issuance Sales Agreement (Enphase Energy, Inc.), At Market Issuance Sales Agreement (Mannkind Corp), At Market Issuance Sales Agreement (Evoke Pharma Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company Trust and MLV 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 MLVany 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 therefor, or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Sprott Physical Gold Trust), Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Silver Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: At Market Issuance Sales Agreement (Southern Missouri Bancorp, Inc.), At Market Issuance Sales Agreement (Lakeland Bancorp Inc), At Market Issuance Sales Agreement (Unity Bancorp Inc /Nj/)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered by the Company or any Subsidiary pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLVthe Distribution Agent, any controlling persons, or the Company or any Subsidiary (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: At Market Issuance Sales Agreement (CNB Financial Corp/Pa), At Market Issuance Sales Agreement (CNB Financial Corp/Pa), At Market Issuance Sales Agreement (City Holding Co)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV Westpark 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 MLVWestpark, 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: At the Market Issuance Sales Agreement (Houston American Energy Corp), At the Market Issuance Sales Agreement (Houston American Energy Corp), At the Market Issuance Sales Agreement (Houston American Energy Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 9 of this Agreement and all representations and warranties of the Company and MLV the Operating Partnership of Section 6 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 MLVCF&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 3 contracts
Samples: Sales Agreement (Gladstone Commercial Corp), Sales Agreement (GLADSTONE LAND Corp), Sales Agreement (Gladstone Commercial Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLV, 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 2 contracts
Samples: At the Market Issuance Sales Agreement (RAIT Financial Trust), At Market Issuance Sales Agreement (RAIT Financial Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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
Samples: At Market Issuance Sales Agreement (Customers Bancorp, Inc.), At Market Issuance Sales Agreement (Customers Bancorp, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: At Market Issuance Sales Agreement (ASTROTECH Corp), Sales Agreement (Corium International, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe Agents, 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 therefor, or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (American Homes 4 Rent), At the Market Issuance Sales Agreement (American Homes 4 Rent)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV the Distribution 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 MLVthe 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
Samples: At Market Issuance Sales Agreement (Spectrum Pharmaceuticals Inc), At Market Issuance Sales Agreement (Spectrum Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLVB. Xxxxx FBR, 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: At Market Issuance Sales Agreement (Monmouth Real Estate Investment Corp), At Market Issuance Sales Agreement (CorMedix Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 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 MLV, 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: At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (Resource Capital Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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
Samples: At Market Issuance Sales Agreement (Orion Energy Systems, Inc.), At Market Issuance Sales Agreement (Fuelcell Energy Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 9 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 MLVJMP, 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 (Baudax Bio, Inc.), Sales Agreement (Hatteras Financial Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 10 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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: Sales Agreement (MTGE Investment Corp.), Sales Agreement (MTGE Investment Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein herein, or of 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 MLVthe 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 9 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein Agent herein, respectively, or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLVthe 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 9 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 MLV, 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 1 contract
Samples: At the Market Issuance Sales Agreement (CapLease, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered pursuant hereto hereto, or of the Agents, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLVany 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 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 MLVCF&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 1 contract
Samples: Sales Agreement (PennyMac Mortgage Investment Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVVirtu, any controlling persons, or the Company Partnership (or any of their respective the General Partner’s officers, 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 1 contract
Samples: Atm Sales Agreement (Evolve Transition Infrastructure LP)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 of this Agreement and all representations and warranties of the Company Company, the Operating Partnership and MLV 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 MLVthe Agent, any controlling persons, the Company, the Operating Partnership or the Company Manager (or any of their respective officers, 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 1 contract
Samples: At Market Issuance Sales Agreement (Ready Capital Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLV, any controlling personsJMP, 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 1 contract
Samples: At the Market Issuance Sales Agreement (Arlington Asset Investment Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 of this Agreement and all representations and warranties of the Company and MLV 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 MLVAgent, 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 1 contract
Samples: At the Market Sales Agreement (Chicago Atlantic Real Estate Finance, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVAegis, 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 ADSs and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Medigus Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV Xxxxxxx Xxxxxxx 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 MLVXxxxxxx Xxxxxxx, 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 1 contract
Samples: At the Market Issuance Sales Agreement (Microvision, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV contained 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 MLVthe 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 9 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 MLVMLPFS, 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV Stifel 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 MLVStifel, 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 1 contract
Samples: At Market Issuance Sales Agreement (Conatus Pharmaceuticals Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLV, 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 AgreementAgreement for a period of three (3) years.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Paramount Gold & Silver Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 10 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 MLVthe 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 1 contract
Samples: Sales Agreement (Bridger Aerospace Group Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVFBR, any controlling persons, or the Company Partnership (or any of their respective the General Partner’s officers, 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 1 contract
Samples: At Market Issuance Sales Agreement (Sanchez Production Partners LP)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV Cxxxx-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 MLVCxxxx-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 1 contract
Samples: At the Market Issuance Sales Agreement (CPS Technologies Corp/De/)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 of this Agreement and all representations and warranties of the Company and MLV Trust 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 MLVthe Agents, any controlling persons, or the Company and Trust (or any of their respective officers, directors directors, controlling persons or controlling personsRegular Trustees), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Compass Group Diversified Holdings LLC)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein herein, or of 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 MLVthe 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 1 contract
Samples: At Market Issuance Sales Agreement (ChromaDex Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV X. Xxxxx 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 MLVX. Xxxxx FBR, 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 10 of this Agreement and all representations and warranties of the Company and MLV herein herein, or of 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 MLVthe 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 1 contract
Samples: At Market Issuance Sales Agreement (Iris Energy LTD)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV X. Xxxxx 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 MLVX. 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe Agents, any controlling persons, or the Company or the Operating Partnership (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 1 contract
Samples: At the Market Issuance Sales Agreement (Independence Realty Trust, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLVthe 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 therefor, or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Fuelcell Energy Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 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 MLV, 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 1 contract
Samples: At the Market Issuance Sales Agreement (Arlington Asset Investment Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company Trust and MLV 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 MLVany 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 1 contract
Samples: Sales Agreement (Sprott Physical Platinum & Palladium Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement hereof 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 MLVX. Xxxxx FBR, 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 1 contract
Samples: At Market Issuance Sales Agreement (Umh Properties, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 10 of this Agreement and all representations and warranties of the Company Trust and MLV 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 MLVthe 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. -26- 12.
Appears in 1 contract
Samples: Sales Agreement
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 of this Agreement and all representations and warranties of the Company and of MLV herein herein, or in certificates delivered pursuant hereto hereto, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLV, any controlling persons, or the Company (or any of their respective its 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 1 contract
Samples: At the Market Issuance Sales Agreement (Evolution Petroleum Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 of this Agreement and all representations and warranties of the Company and the Parent and of MLV herein herein, or in certificates delivered pursuant hereto hereto, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLV, any controlling persons, the Company, or the Company Parent (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 1 contract
Samples: At the Market Issuance Sales Agreement (Gastar Exploration USA, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement hereof 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 MLVB. Xxxxx FBR, 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 1 contract
Samples: At Market Issuance Sales Agreement (Monmouth Real Estate Investment Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered pursuant hereto hereto, or of X. Xxxxx herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLVX. 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 1 contract
Samples: At Market Issuance Sales Agreement (Plug Power Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLV, any controlling persons, or the Company Partnership (or any of their respective the General Partner’s officers, 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 1 contract
Samples: At Market Issuance Sales Agreement (Sanchez Production Partners LP)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV B. Xxxxx 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 MLVB. 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of made by the Company and MLV Partnership Parties that 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 MLVBRFBR, 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 Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Golar LNG Partners LP)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV the Agent 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 MLVthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (iib) delivery and acceptance of the Placement Shares and payment therefor or (iiic) any termination of this Agreement.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (Spark Energy, Inc.)
Representations and Agreements to Survive Delivery. (a) The indemnity and contribution agreements contained in Section 11 9 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 MLV, any controlling persons, or the Company (or any of their respective officers, 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 1 contract
Samples: Placement Agency Agreement (GreenHunter Resources, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered pursuant hereto hereto, or of Investor herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLVInvestor, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Commitment Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 12 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 MLV, 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 1 contract
Samples: At the Market Issuance Sales Agreement (GMX Resources Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered pursuant hereto hereto, or of FBR herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of MLVFBR, 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 1 contract
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and MLV 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 MLV, 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 Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: At the Market Issuance Sales Agreement (LRR Energy, L.P.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and or 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 MLV, 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 1 contract