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 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 the 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 or the Agent 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 the AgentMLV, 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 12 of this Agreement and all representations and warranties of the Company or Company, the Operating Partnership, the Manager 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 the 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 9 of this Agreement and all representations and warranties of the Company or and the Agent 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 the 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 11 of this Agreement and all representations and warranties of the Company or the Agent 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 the AgentAgents, 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 10 of this Agreement and all representations and warranties of the Company or 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 the 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 11 of this Agreement hereof and all representations and warranties of the Company or and the Agent 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 the 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 12 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 the 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 11 of this Agreement and all representations and warranties of the Company or the Agent 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 the AgentFBR, 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 10 and Section 11 of this Agreement and all representations and warranties of the Company or and the Agent 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 the 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 (NewLake Capital Partners, Inc.), At the Market Sales Agreement (Innovative Industrial Properties 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 and all representations and warranties of the Company or the Agent 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 the AgentUnivest, 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 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 the AgentHCW, 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 the Company or the Agent 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 the AgentAegis, 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 or the Agent 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 the AgentAgents, 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 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 the AgentMLV, 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 made by the Company or the Agent 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 the 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 or Trust and the Agent 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 the any 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 & Silver Trust), Sales Agreement (Sprott Physical Gold 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 or the Agent 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 the 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 9 of this Agreement and all representations and warranties of the Company or and the Agent 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 the AgentCF&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 10 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 the AgentCF&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), Sales Agreement (American Capital Agency 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 or and the Agent 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 the AgentManager, 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 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 the 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), At Market Issuance Sales Agreement (Aemetis, Inc), 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 9 hereof and all representations and warranties of the Company or and the Agent 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 the AgentSales Agents, 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 Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Sun Communities Inc), Sales Agreement (Sun Communities Inc), Sales Agreement (Sun Communities 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 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 the AgentAgents, 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 11 of this Agreement and all representations and warranties of the Company or the Agent 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 the 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 or the Agent 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 the AgentDistribution 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 9 of this Agreement and all representations and warranties of the Company or and the Agent 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 the AgentCF&Co, 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 2 contracts
Samples: Sales Agreement (Chatham Lodging Trust), Sales Agreement (U-Store-It 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 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 the AgentMLV, 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 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 the AgentB. 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 10 of this Agreement and all representations and warranties of the Company or and the Agent 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 the 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 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 the AgentAgents, 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 (Exela Technologies, Inc.), At Market Issuance Sales Agreement (Exela Technologies, 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 or and the Agent 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 the AgentDistribution 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 or 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 the 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 of this Agreement and all representations and warranties of the Company or and the Agent 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 the AgentAgents, 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 or the and 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 the 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 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 the AgentMLV, 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 hereof 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 the AgentB. 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: At Market Issuance Sales Agreement (Umh Properties, Inc.), 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 9 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 the AgentJMP, 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 12 of this Agreement and all representations and warranties of the Company or and the Agent 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 the 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
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 9 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 the AgentMLV, 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 or the Agent 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 the AgentMLV, 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 or the Agent 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 the AgentBRFBR, 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 or the Agent and 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 the AgentX. 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 of this Agreement and all representations and warranties of the Company or the Agent 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 the AgentAgents, 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
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 herein, or of the Agent herein 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 the AgentAgents, 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 or the Agent 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 the AgentFBR, 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 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 the AgentX.X. 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
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 or the Agent 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 the AgentFBR, 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 12 of this Agreement and all representations and warranties of the Company or and the Agent herein Parent and of MLV 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 the AgentMLV, 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 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 the AgentB. 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 or and 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 the 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. The indemnity and contribution agreements contained in Section 11 of this Agreement hereof 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 the AgentX. 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 of this Agreement and all representations and warranties of the Company or the Agent 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 the AgentX. 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 or the Agent and 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 the AgentX. 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 or the Agent 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 the AgentMLV, 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 or and the Agent 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 the AgentAgents, 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 9 of this Agreement and all representations and warranties of the Company or and the Agent 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 the AgentBarclays, 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 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 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 the 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 12 of this Agreement and all representations and warranties of the Company or the Agent and 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 the AgentAgents, 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 12 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 the AgentMLV, 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 or the and Agent herein 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 the 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 10 and Section 11 of this Agreement and all representations and warranties of the Company or Company, the Agent Operator and the Administrator 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 the 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: Equity Distribution Agreement (CIM Commercial Trust 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 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 the AgentAgents, 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 or the Agent 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 the AgentMLV, 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 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 the AgentVirtu, DNB, England, any controlling persons, or the Company (or any of their respective the Company’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 (Tidewater 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 or the Agent and 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 the AgentStifel, 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 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 the AgentMLV, 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 9 of this Agreement and all representations and warranties of the Company or the Agent herein herein, any Terms Agreement or in certificates delivered pursuant hereto or any Terms Agreement shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of the AgentNorthland, 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 or any Terms 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 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 the AgentCF&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 9 hereof and all representations and warranties of the Company or and the Agent 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 the AgentBMO, 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 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 or the Agent 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 the AgentVirtu, 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 of this Agreement and all representations and warranties of the Company or the Agent 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 the AgentAegis, 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 9 of this Agreement and all representations and warranties of the Company or the Agent 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 the 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 or the Agent and 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 the AgentB. 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 9 hereof and all representations and warranties of the Company or and the Agent 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 the AgentXxxxx, 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 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 or Trust and the Agent 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 the any 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 9 hereof and all representations and warranties of the Company or and the Agent 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 the AgentCF&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 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 or Company, the Agent Operating Partnership 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 the 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 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 the Agent, any controlling personsMLV, 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 10 of this Agreement and all representations and warranties of the Company herein, or of the Agent herein 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 the AgentAgents, 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 herein, or of the Agent herein 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 the 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 of this Agreement and all representations and warranties of the Company or the Agent herein or in certificates delivered pursuant hereto hereto, or of Leerink herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of the AgentLeerink, 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 or the Agent and 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 the AgentCxxxx-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 9 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 the AgentMLPFS, 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 9 of this Agreement and all representations and warranties of the Company or and the Agent 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 the AgentCF&Co, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors 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 1 contract
Samples: Controlled Equity Offerings Sales Agreement (First Potomac Realty 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 or the Agent 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 the any 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 of this Agreement 9 hereof and all representations and warranties of the Company or and the Agent 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 the AgentBaird, 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 1 contract
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 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 the AgentMLV, 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 9 of this Agreement and all representations and warranties of the Company or and the Agent 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 the any 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 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 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 the Agent, 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 of this Agreement and all representations and warranties of the Company or and the Agent 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 the AgentAgents, 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 or the Agent and 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 the AgentXxxxxxx 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 10 of this Agreement and all representations and warranties of the Company or Trust and the Agent 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 the 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 or the Agent herein and of MLV 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 the AgentMLV, 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 of this Agreement 10 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 the 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 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 hereof 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 the AgentX. 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 1 contract
Samples: At Market Issuance Sales Agreement (Umh Properties, Inc.)
