Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each severally represents and warrants to Xxxxx Fargo as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below), and agrees with Xxxxx Fargo, as follows:
Appears in 4 contracts
Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)
Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxx Fargo as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement), as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time Time”) and as of each Settlement Date (as defined below)Date, and agrees with Xxxxx Fargo, as follows:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)
Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each severally represents Partnership, jointly and warrants severally, represent and warrant to Xxxxx Fargo Securities as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below), and agrees with Xxxxx FargoFargo Securities, as follows:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxx Fargo Securities as of the date hereof and as of each Representation Date (as defined belowin Section 7(n)) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below)Date, and agrees with Xxxxx FargoFargo Securities, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (STAG Industrial, Inc.)
Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each severally represents and warrants to Xxxxx Fargo as of the date hereof and hereof, as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this Agreement, as of each Applicable Time and (as defined below) and, to the extent set forth expressly in this Section 5(a), as of each Settlement Date (as defined below)Date, and agrees with Xxxxx Fargo, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Aimco Properties Lp)
Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each severally represents and warrants to Xxxxx Fargo as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below)Date, and agrees with Xxxxx Fargo, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (LaSalle Hotel Properties)
Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each severally represents and warrants warrants, jointly and severally, to Xxxxx Fargo Securities as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below), and agrees with Xxxxx FargoFargo Securities, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)
Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each severally represents and warrants warrants, jointly and severally, to Xxxxx Fargo Securities as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o7(p) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below), and agrees with Xxxxx FargoFargo Securities, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)