Common use of Representations and Warranties as to Preferred Stock Clause in Contracts

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Stock, when issued, will be validly issued, fully paid and non-assessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 30 contracts

Samples: Deposit Agreement (Alta Equipment Group Inc.), Deposit Agreement (Alta Equipment Group Inc.), Deposit Agreement (B. Riley Financial, Inc.)

AutoNDA by SimpleDocs

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunderStock, the Company and, in the case of subsequent deposits thereof, each person Person so depositing Preferred Stock under this Deposit Agreement, Agreement shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor therefore are valid and that the person Person making such deposit is duly authorized so to do sodo. The Company hereby further represents and warrants that such the Preferred Stock, when issued, will be validly issued, fully paid and non-assessablenonassessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 4 contracts

Samples: Deposit Agreement (Sensormatic Electronics Corp), Deposit Agreement (Intermedia Communications of Florida Inc), Deposit Agreement (Intermedia Communications Inc)

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunderStock, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, Agreement shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such the Preferred Stock, when issued, will be validly issued, fully paid and non-assessablenonassessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 2 contracts

Samples: Deposit Agreement (Ventas Inc), Deposit Agreement (Level 3 Communications Inc)

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, Agreement shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Stock, when issued, will be validly issued, fully paid and non-assessablenonassessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 2 contracts

Samples: Deposit Agreement (Smith Charles E Residential Realty Inc), Deposit Agreement (Meditrust Corp)

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Stock, when issued, will be validly issued, fully paid and non-assessablenonassessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 2 contracts

Samples: Deposit Agreement (Excel Realty Trust Inc), Deposit Agreement (New Plan Realty Trust)

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunderStock, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, Agreement shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor therefore are valid and that the person making such deposit is duly authorized so to do sodo. The Company hereby further represents and warrants that such the Preferred Stock, when issued, will be validly issued, fully paid and non-assessablenonassessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Worldcom Inc /MS/)

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, Agreement shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Stock, when issued, will be validly issued, fully paid and nonassessable and any Excess Stock issued upon conversion of such Preferred Stock, when issued, will be validly issued, fully paid and non-assessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Meditrust Corp)

AutoNDA by SimpleDocs

Representations and Warranties as to Preferred Stock. In the ---------------------------------------------------- case of the initial deposit of the Preferred Stock hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, Agreement shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Stock, when issued, will be validly issued, fully paid and non-assessablenonassessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (Bay View Capital Corp)

Representations and Warranties as to Preferred Stock. In ---------------------------------------------------- the case of the initial deposit of the Preferred Stock hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, Agreement shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Stock, when issued, will be validly issued, fully paid and non-assessablenonassessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (CNF Transportation Inc)

Representations and Warranties as to Preferred Stock. In the case of the initial deposit of the Preferred Stock hereunder, the Company and, in the case of subsequent deposits thereof, each person so depositing Preferred Stock under this Deposit Agreement, shall be deemed thereby to represent and warrant that such Preferred Stock and each certificate book-entry notation therefor are valid and that the person making such deposit is duly authorized to do so. The Company hereby further represents and warrants that such Preferred Stock, when issued, will be validly issued, fully paid and non-assessable. Such representations and warranties shall survive the deposit of the Preferred Stock and the issuance of Receipts.

Appears in 1 contract

Samples: Deposit Agreement (CorEnergy Infrastructure Trust, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!