Common use of Representations and Indemnities to Survive Delivery Clause in Contracts

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderStockholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderStockholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, contribution obligations, agreements, representations, warranties and other statements of the CompanyIssuers, of its officers, of the Selling Stockholder their officers and of the several Underwriters Initial Purchasers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Initial Purchaser or the Company Issuers or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany and the Operating Partnership, of its officers, of the Selling Stockholder their officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company and the Operating Partnership or any of its or their partners, officers officers, trustees or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its the Company’s officers, of the Selling Stockholder Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholder and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, rights of contribution, agreements, representations, warranties and other statements of the Company, of its officers, of Company and the Selling Stockholder and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will or made by or on behalf of the Company or the Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Underwriter, the Company or any of its or their partners, respective officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will and shall survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officersthe Guarantors, of the Selling Stockholder their respective officers and of the several Underwriters Initial Purchasers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Initial Purchaser, the Company Company, any Guarantor or any of its or their partnersofficers, officers or directors directors, affiliates, agents, or any controlling person, person or the Selling Stockholderother person referred to in Section 8, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderStockholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, Stockholder as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Common Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyIssuers and the Guarantors, of its officers, of the Selling Stockholder their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company Issuers, Guarantors or any of its their or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, rights of contribution, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Company and of the several Underwriters set forth in or made pursuant to this Agreement will or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company or any of its or their partners, respective officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will and shall survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person or the Selling Stockholderother persons referenced in Section 9(a), as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officersofficers [, of the Selling Stockholder Stockholders] and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, [or the Selling Stockholder, Stockholders,] as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyAcquisition Corp., InSight, the Guarantors and of its officers, of the Selling Stockholder their officers and of the several Underwriters Purchaser and BAS set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Purchaser, BAS or Acquisition Corp., InSight or the Company Guarantors or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The Except as otherwise expressly set forth herein, the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany (including its subsidiaries), of its officers, of the Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Common Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers affiliates, officers, directors or directors employees or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of Company or its officers, of any Selling Stockholder, or of any person controlling the company or any Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person or the any Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and such indemnities and agreements shall survive any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officersthe Adviser and the Administrator, of the Selling Stockholder their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company Company, the Adviser or the Administrator, or any of its or their respective partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The --------------------------------------------------- respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Common Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers officers, or directors or any controlling person, or the Selling StockholderStockholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officersthe Partnership and the Selling Shareholders, of the Selling Stockholder Company's officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwrite, the Company Company, the Partnership, the Selling Shareholders or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Common Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the any Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The --------------------------------------------------- respective indemnities, agreements, representations, warranties and other statements of the Company, of its the Company's officers, of the Selling Stockholder Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, Stockholders as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Common Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares ADSs sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Stockholders submitted pursuant hereto, will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors, any person controlling the Company or any of its or their partners, officers or directors or person controlling any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, any Selling Stockholder or the any person controlling such Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of SMHI, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company or Company, SMHI, any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the Company, of its officers, of the Selling Stockholder Shareholders, and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company Underwriter, the Company, or any of its or their partners, officers or directors or any controlling person, or the any Selling StockholderShareholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement. A successor to the Underwriter, to the Selling Shareholders, or to the Company, its directors or officers or any person controlling the Company, shall be entitled to the benefits of the indemnity, contribution and reimbursement agreements contained in this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderStockholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement. Section 14.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their respective partners, officers or directors or any controlling person, or the Selling StockholderStockholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany and the Operating Partnership, of its officers, of the Selling Stockholder their officers and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company and the Operating Partnership or any of its or their partners, officers officers, trustees or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the by any Selling Stockholder or any person controlling such Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its Affimed, of the Company’s officers, of the Selling Stockholder Affimed’s officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officersSelling Shareholders, of the Selling Stockholder Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, any Selling Shareholders, the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares ADSs sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of Company or its officers, of the Selling Stockholder Shareholders or its officers, where applicable, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderStockholders, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany and the Guarantors, of its officers, of the Selling Stockholder their officers and of the several Underwriters Initial Purchasers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Initial Purchasers, the Company or the Company Guarantors or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares Debentures (and the Guarantees thereof) sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder officers and of the several Underwriters set forth in or made pursuant to this Agreement (i) will remain in full force and effect, regardless of (A) any investigation made by or on behalf of any Underwriter or Underwriter, the Company or any of its or their partnersaffiliates, officers or directors officers, directors, employees or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to be or (B) acceptance of the contrary notwithstanding, Notes and payment for them hereunder and (ii) will survive delivery of and payment for the Offered Shares Notes sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partnersaffiliates, officers officers, employees, agents or directors or any controlling person, or as the Selling Stockholdercase may be, referred to in Section 9 and Section 10 hereof, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, any Selling Stockholder or the any person controlling such Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, and will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Operating Partnership and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder, Operating Partnership as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Representative on behalf of itself and the Underwriters, or the Company Company, or any of its or their respective partners, officers or directors or any controlling person, or the Selling Stockholder, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares Securities sold hereunder and any termination of this Agreement.

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers, of the Selling Stockholder Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling StockholderShareholders, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Offered Shares sold hereunder and any termination of this Agreement.