Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 211 contracts
Samples: At the Market Offering Agreement (Uranium Energy Corp), At the Market Offering Agreement (BioSig Technologies, Inc.), At the Market Offering Agreement (Signing Day Sports, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 23 contracts
Samples: Equity Distribution Agreement (Teekay Corp), Equity Distribution Agreement (Teekay Corp), Equity Distribution Agreement (National Retail Properties, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares. The provisions of Sections 5 and 7 hereof shall survive the termination or cancellation of this Agreement.
Appears in 18 contracts
Samples: Equity Distribution Agreement (LTC Properties Inc), Equity Distribution Agreement (LTC Properties Inc), Equity Distribution Agreement (LTC Properties Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 16 contracts
Samples: Sales and Registration Agreement (Amc Entertainment Holdings, Inc.), Sales Agreement (Apellis Pharmaceuticals, Inc.), Equity Distribution Agreement (Danimer Scientific, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Agents set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Agents or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 13 contracts
Samples: Equity Distribution Agreement (Orchid Island Capital, Inc.), Equity Distribution Agreement (Orchid Island Capital, Inc.), Equity Distribution Agreement (Orchid Island Capital, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the SharesADSs.
Appears in 13 contracts
Samples: At the Market Offering Agreement (TC BioPharm (Holdings) PLC), At the Market Offering Agreement (Bionomics Limited/Fi), At the Market Offering Agreement (BIT Mining LTD)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company, the officers of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 12 contracts
Samples: Equity Distribution Agreement (Global Ship Lease, Inc.), Equity Distribution Agreement (Vroom, Inc.), Equity Distribution Agreement (Biohaven Ltd.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Agent or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 11 contracts
Samples: Equity Distribution Agreement (Borr Drilling LTD), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company, the officers of the Company or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the a Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Emergent BioSolutions Inc.), Equity Distribution Agreement (Arcus Biosciences, Inc.), Equity Distribution Agreement (Fibrogen Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the a Manager or the Company or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 8 contracts
Samples: Equity Distribution Agreement (Amc Entertainment Holdings, Inc.), Equity Distribution Agreement (Amc Entertainment Holdings, Inc.), Equity Distribution Agreement (Amc Entertainment Holdings, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 78, and will survive delivery of and payment for the Shares.
Appears in 8 contracts
Samples: At the Market Offering Agreement (Bitfarms LTD), Equity Distribution Agreement (Draganfly Inc.), At the Market Offering Agreement (HIVE Blockchain Technologies Ltd.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Company, the Operating Partnership or its their officers and of the Manager Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Agent or the Company Company, the Operating Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Colony Capital, Inc.), Equity Distribution Agreement (Colony Capital, Inc.), Equity Distribution Agreement (Colony Capital, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 7 contracts
Samples: Equity Distribution Agreement (United Airlines, Inc.), Equity Distribution Agreement (Zillow Group, Inc.), Equity Distribution Agreement (American Airlines, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 7 contracts
Samples: At the Market Offering Agreement (TRX GOLD Corp), At the Market Offering Agreement (Zedge, Inc.), At the Market Offering Agreement (Zedge, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesUnits.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Teekay Offshore Partners L.P.), Equity Distribution Agreement (Teekay LNG Partners L.P.), Equity Distribution Agreement (Paa Natural Gas Storage Lp)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesUnits.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Plains All American Pipeline Lp), Equity Distribution Agreement (Plains All American Pipeline Lp), Equity Distribution Agreement (Plains All American Pipeline Lp)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Company, the Operating Partnership or its their respective officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Campus Crest Communities, Inc.), Equity Distribution Agreement (Campus Crest Communities, Inc.), Equity Distribution Agreement (Campus Crest Communities, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the or on behalf of any Manager or the Company or any of the officers, directors, employees, agents agents, affiliates or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Karuna Therapeutics, Inc.), Equity Distribution Agreement (Karuna Therapeutics, Inc.), Equity Distribution Agreement (Applied Therapeutics Inc.)
Representations and Indemnities to Survive. The respective ------------------------------------------ indemnity and contribution agreements, representations, warranties, indemnities warranties and other statements of the Company or Company, its officers and of the Manager Agents set forth in or made pursuant to this Agreement or any Terms Agreement will remain in full force and effect, regardless of any termination of this Agreement or any such Terms Agreement, any investigation made by the Manager or on behalf of an Agent or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 7, 6 and will survive delivery of and payment for the SharesNotes.
Appears in 4 contracts
Samples: Distribution Agreement (Schwab Charles Corp), Distribution Agreement (Mattel Inc /De/), Distribution Agreement (Mattel Inc /De/)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or on behalf of any Underwriter or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.the
Appears in 4 contracts
Samples: Underwriting Agreement (Mercury Finance Co), Underwriting Agreement (Coca Cola Bottling Co Consolidated /De/), Underwriting Agreement (CPC International Inc)
Representations and Indemnities to Survive. The respective agreements, All representations, warranties, indemnities agreements and other statements covenants of the Company and the Partnership herein or its officers in certificates delivered pursuant hereto, and the agreements of the Manager set forth contained in or made pursuant to this Agreement will Section 7 hereof, shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of the Manager or any controlling persons, or the Company or the Partnership or any of the their officers, directors, employees, agents or any controlling persons referred to in Section 7persons, and will shall survive (i) termination of this Agreement and (ii) delivery of and payment for the SharesShares hereunder.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Hersha Hospitality Trust), Equity Distribution Agreement (Hersha Hospitality Trust), Equity Distribution Agreement (Hersha Hospitality Trust)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership Parties or its their officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company Partnership Parties or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesUnits.
Appears in 4 contracts
Samples: Equity Distribution Agreement (GasLog Partners LP), Equity Distribution Agreement (GasLog Partners LP), Equity Distribution Agreement (GasLog Partners LP)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the a Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Prologis, L.P.), Equity Distribution Agreement (Prologis, Inc.), Equity Distribution Agreement (Prologis, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling indemnified persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Clean Energy Fuels Corp.), Equity Distribution Agreement (Clean Energy Fuels Corp.), Equity Distribution Agreement (Clean Energy Fuels Corp.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the any Manager or the Company or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Soundhound Ai, Inc.), Equity Distribution Agreement (Soundhound Ai, Inc.), Equity Distribution Agreement (Apellis Pharmaceuticals, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities indemnities, rights of contribution and other statements of the Company or its Company’s officers and of the Manager Managers 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 the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares. The provisions of Section 7 shall survive the termination or cancellation of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (3d Systems Corp), Equity Distribution Agreement (Targa Resources Corp.), Equity Distribution Agreement (Targa Resources Corp.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers officers, and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the or on behalf of any Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 76 hereof, and will survive delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Seaspan CORP), Equity Distribution Agreement (Seaspan CORP), Equity Distribution Agreement (Seaspan CORP)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons Persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 3 contracts
Samples: At the Market Offering Agreement (NovaBay Pharmaceuticals, Inc.), At the Market Offering Agreement (Enlivex Therapeutics Ltd.), At the Market Offering Agreement (NovaBay Pharmaceuticals, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Company, the Manager or its their respective officers and of the Manager Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or on behalf of any Underwriter or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 78 hereof, and will survive delivery of and payment for the Shares.the
Appears in 3 contracts
Samples: Underwriting Agreement (Starwood Property Trust, Inc.), Underwriting Agreement (Starwood Property Trust, Inc.), Underwriting Agreement (Starwood Property Trust, Inc.)
Representations and Indemnities to Survive. The respective indemnity and contribution agreements, representations, warranties, indemnities warranties and other statements of the Company or Company, its officers and of the Manager Agents set forth in or made pursuant to this Agreement or any Terms Agreement will remain in full force and effect, regardless of any termination of this Agreement or any such Terms Agreement, any investigation made by the Manager or on behalf of an Agent or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 7, 6 and will survive delivery of and payment for the SharesNotes.
Appears in 3 contracts
Samples: Distribution Agreement (Mattel Inc /De/), Distribution Agreement (Schwab Charles Corp), u.s. Distribution Agreement (Lilly Eli & Co)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company Partnership or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesUnits.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Shell Midstream Partners, L.P.), Equity Distribution Agreement (Valero Energy Partners Lp), Equity Distribution Agreement (Shell Midstream Partners, L.P.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company and the Trust or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company and the Trust or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 3 contracts
Samples: At the Market Offering Agreement (Air T Funding), At the Market Offering Agreement (Air T Inc), At the Market Offering Agreement (Air T Funding)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of each of the Company Transaction Entities or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company Transaction Entities or any of the officers, directors, employees, agents agents, affiliates or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Douglas Emmett Inc), Equity Distribution Agreement (Douglas Emmett Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the a Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: At the Market Offering Agreement (Pear Therapeutics, Inc.), At the Market Offering Agreement (Opgen Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of each of the Company Transaction Entities or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company Transaction Entities or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Douglas Emmett Inc), Equity Distribution Agreement (Douglas Emmett Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by any of the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Equity Distribution Agreement (International Seaways, Inc.), Equity Distribution Agreement (International Seaways, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, warranties and indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement by or on behalf of them, respectively, will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesOffered Units.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Niska Gas Storage Partners LLC), Equity Distribution Agreement (Linn Energy, LLC)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, representations and warranties and indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: At the Market Offering Agreement (Windtree Therapeutics Inc /De/), At the Market Offering Agreement (Windtree Therapeutics Inc /De/)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the any Manager or the Company Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesUnits.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Regency Energy Partners LP), Equity Distribution Agreement (Regency Energy Partners LP)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7persons, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: At the Market Offering Agreement (GREAT PANTHER MINING LTD), Market Offering Agreement (Great Panther Silver LTD)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons Persons referred to in Section 7, and will survive delivery of and payment for the SharesADSs.
Appears in 2 contracts
Samples: At the Market Offering Agreement (BioLineRx Ltd.), At the Market Offering Agreement (BioLineRx Ltd.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7persons, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: At the Market Offering Agreement (Mogo Inc.), Market Offering Agreement (GREAT PANTHER MINING LTD)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Riley Exploration Permian, Inc.), Equity Distribution Agreement (Sanchez Energy Corp)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Agents 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 the Manager Agents or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 76 hereof, and will survive delivery of and payment for the SharesNotes.
Appears in 2 contracts
Samples: Distribution Agreement (Heller Financial Inc), Distribution Agreement (Heller Financial Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager each Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or on behalf of such Agent or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 78 hereof, and will survive delivery of and payment for the SharesNotes. The provisions of Sections 7 and 8 hereof shall survive the termination or cancellation of this Agreement.
Appears in 1 contract
Samples: Distribution Agreement (Textron Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager each Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Agents or the Company or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its respective officers and of the Manager and Forward Purchaser set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Manager, Forward Purchaser or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Offered Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company, the officers of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective ------------------------------------------ agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Agents 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 the Manager Agents or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 76 hereof, and will survive delivery of and payment for the SharesNotes.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 78, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (Americas Gold & Silver Corp)
Representations and Indemnities to Survive. The respective ------------------------------------------ agreements, representations, warranties, warranties and indemnities and other statements of the Company or its officers and of the Manager each Agent set forth in or made pursuant to this Agreement or any Terms Agreement will remain in full force and effect, regardless of any investigation made by the Manager or on behalf of any Agent or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 75 hereof, and will survive delivery of and payment for the SharesNotes.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (VivoPower International PLC)
Representations and Indemnities to Survive. The ------------------------------------------ respective agreements, representations, warranties, warranties and indemnities and other statements of the Company or its officers and of the Manager each Agent set forth in or made pursuant to this Agreement or any Terms Agreement will remain in full force and effect, regardless of any investigation made by the Manager or on behalf of any Agent or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 75 hereof, and will survive delivery of and payment for the SharesNotes.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Company, the Operating Partnership or its their respective officers and of the Manager Baird set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Baird or the Company or any of the officers, trustees, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: On Demand Sales Agreement (Chesapeake Lodging Trust)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, warranties and indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement by or on behalf of them, respectively, will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesOffered Units.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or of the General Partner or its respective officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesOffered Units.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company, the officers of the Company or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the a Manager or the Company or any of the officers, directors, trustees, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its respective officers and of the each Manager and Forward Purchaser set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager any Manager, Forward Purchaser or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Offered Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares..
Appears in 1 contract
Samples: At the Market Offering Agreement (ProMIS Neurosciences Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager each Manager, each Forward Seller and each Forward Purchaser set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager any Manager, Forward Seller, Forward Purchaser or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 711 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, and indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (Intelligent Bio Solutions Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the any Manager or the Company Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesXxxxx.
Appears in 1 contract
Samples: Equity Distribution Agreement (Atlas Pipeline Partners Lp)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager 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 the Manager Underwriters or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 78 hereof, and will survive delivery of and payment for the Shares.will
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager each Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Agents or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers or of the Operating Partnership and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or the Operating Partnership or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: Equity Distribution Agreement (Easterly Government Properties, Inc.)
Representations and Indemnities to Survive. The respective ------------------------------------------ agreements, representations, warranties, indemnities and other statements of the Company and the Guarantor or its their respective officers and of the Manager you 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 you, the Manager Company or the Company Guarantor or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 78 hereof, and will survive delivery of and payment for the SharesNotes.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the SharesADSs.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.survive
Appears in 1 contract
Samples: At the Market Program Agreement (China Direct Industries, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 78, and will survive delivery of and payment for the Shares, including, without limitation, in connection with a termination of this Agreement as provided in Section 9(d) herein.
Appears in 1 contract
Samples: At the Market Offering Agreement (Hut 8 Mining Corp.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager each Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager an Agent or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (U.S. GoldMining Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company and the Operating Partnership or its their officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company and the Operating Partnership or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesShares or any termination of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Vici Properties Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager 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 the Manager or the Company or any of the officers, directors, employees, agents agents, affiliates or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective ------------------------------------------ agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Agent 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 the Manager Agent or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 76 hereof, and will survive delivery of and payment for the SharesNotes.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Investors set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Investors or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 79, and will survive delivery of and payment for the SharesSecurities.
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Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager Agents set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Agents or the Company or any of the officers, directors, employees, agents agents, broker-dealer affiliates or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Ordinary Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities indemnity and other statements contribution agreements contained in Section 7 of this Agreement and all representations and warranties of the Company herein or its officers and of the Manager set forth in or made certificates delivered pursuant to this Agreement will hereto shall remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (Staffing 360 Solutions, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents agents, affiliates or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Offered Shares.
Appears in 1 contract
Samples: Equity Distribution Agreement (Williams Companies Inc)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or its officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: Equity Distribution Agreement (Plains Gp Holdings Lp)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Ordinary Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of 37 the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (Interactive Strength, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesAMC Preferred Equity Units.
Appears in 1 contract
Samples: Equity Distribution Agreement (Amc Entertainment Holdings, Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers 38 and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (Aspira Women's Health Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the officers, directors, employees, agents or controlling persons Persons referred to in Section 7, and will survive delivery of and payment for the SharesShares and any termination of this Agreement.
Appears in 1 contract
Samples: At the Market Offering Agreement (Air Industries Group)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, and indemnities and other statements of the Company or its officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager Managers or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 78, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (Galiano Gold Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its respective officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the any Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the Offered Shares.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers Company, the Issuer and their respective officers, members, directors and managers and of the Manager Initial Purchaser 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 the Manager or Initial Purchaser, the Company Company, the Issuer or any of the officers, directors, employees, agents or controlling persons indemnified party referred to in Section 78 of this Agreement, and will survive delivery of and payment for the SharesNotes.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Company, the Operating Partnership or its their respective officers and of the Manager Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the a Manager or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesShares and, to the extent applicable, termination of this Agreement pursuant to Section 8 hereof.
Appears in 1 contract
Samples: Equity Distribution Agreement (Cogdell Spencer Inc.)
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Manager or the Company or any of the directors, officers, directors, employees, agents or controlling persons referred to in Section 7, and will survive delivery of and payment for the Shares.
Appears in 1 contract
Samples: At the Market Offering Agreement (AppTech Payments Corp.)
Representations and Indemnities to Survive. The respective ------------------------------------------ indemnity and contribution agreements, representationsrepresentation, warranties, indemnities warranties and other statements of the Company or Company, its officers and of the Manager Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any termination of this Agreement, any investigation made by the Manager or on behalf of an Underwriter or the Company or any of the officers, directors, employees, agents directors or controlling persons referred to in Section 7, 7 and will survive delivery of and payment for the SharesNotes.
Appears in 1 contract
Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company Partnership or of the General Partner or its respective officers and of the each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the any Manager or the Company Partnership or any of the officers, directors, employees, agents or controlling persons referred to in Section 77 hereof, and will survive delivery of and payment for the SharesOffered Units.
Appears in 1 contract