Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 23 contracts
Samples: Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 15 contracts
Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership each, jointly severally and severallyjointly, represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, Partnership each severally represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(i)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below), if any, referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Cedar Shopping Centers Inc), Underwriting Agreement (Lasalle Hotel Properties), Purchase Agreement (Keystone Property Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter Underwriter, the Forward Purchaser and the Forward Seller as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, the Forward Purchaser and the Forward Seller, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time referred to in Section 1(a)(ii) hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Chatham Lodging Trust), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Plum Creek Timber Co Inc), Purchase Agreement (Plum Creek Timber Co Inc), Purchase Agreement (Plum Creek Timber Co Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership , jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Pebblebrook Hotel Trust), Underwriting Agreement (Pebblebrook Hotel Trust), Underwriting Agreement (Pebblebrook Hotel Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, represents severally represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (DigitalBridge Group, Inc.), Underwriting Agreement (BrightSpire Capital, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time referred to in Section 1(a)(ii) hereof and as of the Closing Time, the Closing Time (and as defined below) and any of each Date of Delivery (as defined belowif any), and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable Time, Time and the Closing Time (as defined belowherein) and any Date of Delivery (as defined below), and agrees with each Underwriterthe Underwriters, as follows:
Appears in 3 contracts
Samples: Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(i)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (CBL & Associates Properties Inc), Underwriting Agreement (CBL & Associates Properties Inc), Underwriting Agreement (CBL & Associates Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Retail Opportunity Investments Partnership, LP), Retail Opportunity (Retail Opportunity Investments Partnership, LP)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Colony NorthStar, Inc.), Underwriting Agreement (Colony Capital, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each the Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Execution (Cedar Realty Trust, Inc.), Cedar Realty Trust, Inc.
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly Partnership represent and severally, represents and warrants warrant to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Cedar Realty Trust, Inc.), Cedar Realty Trust, Inc.
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(ii)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter Underwriter, as of the date hereof, as of the Applicable Time, as of the Closing Time (as defined in Section 2(b) below) and any Date as of Delivery each Additional Closing Time (as defined in Section 2(a) below), if any (in each case, a “Representation Date”), and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Simon Property Group Inc /De/), Underwriting Agreement (Simon Property Group Inc /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any, and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each Underwriter the Representatives, as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement, as of the date thereof, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Reckson Associates Realty Corp), Underwriting Agreement (Reckson Operating Partnership Lp)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, Partnership each severally represents and warrants to each Underwriter Xxxxxxx Xxxxx, as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement, as of the date thereof, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Beacon Properties Corp), Underwriting Agreement (Beacon Properties L P)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, Partnership jointly and severallyseverally represent and warrant to Xxxxxxx Xxxxx, represents and warrants to each Underwriter as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement, as of the date thereof, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Mills Corp)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter the Underwriter, as of the date hereof, as of the Applicable Time, the Closing Time (as defined below) and any Date as of Delivery the Closing Time (as defined in Section 2(b) below) (in each case, a “Representation Date”), and agrees agree with each the Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Simon Property Group Inc /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter of the Underwriters as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each UnderwriterTime, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time (as defined belowreferred to in Section 2(g) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, Underwriter as follows:
Appears in 1 contract
Samples: Cedar Realty Trust, Inc.
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership , jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each such Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Innovative Industrial Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Colony American Homes, Inc.
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter Underwriter, as of the date hereof, as of the Applicable TimeTime (as defined below), as of the Closing Time (as defined in Section 2(b) below) and any Date as of Delivery each Additional Closing Time (as defined in Section 2(a) below), if any (in each case, a “Representation Date”), and agrees agree with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Simon Property Group Inc /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter Underwriter, as of the date hereof, the Applicable Time, the Closing Time (as defined in Section 2(b) below) and any Date of Delivery Option Closing Time (as defined in Section 2(a) below) (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Simon Property Group L P /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable Time, the Closing Time (as defined belowherein) and any Date of Delivery (as defined below), the Closing Time and agrees with each Underwriterthe Underwriters, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (CBL & Associates Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time and the Closing Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:: (i)
Appears in 1 contract
Samples: Physicians Realty L.P.
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:
Appears in 1 contract
Samples: Physicians Realty L.P.