Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 80 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 48 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 47 contracts
Samples: Underwriting Agreement (Funtalk China Holdings LTD), Purchase Agreement (Verisk Analytics, Inc.), Underwriting Agreement (Funtalk China Holdings LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 41 contracts
Samples: Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 32 contracts
Samples: Purchase Agreement (Orange), Purchase Agreement (Orange), Purchase Agreement (Orange)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 29 contracts
Samples: Underwriting Agreement (Wisconsin Power & Light Co), Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 23 contracts
Samples: Subordinated Debentures Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Subordinated Debentures Purchase Agreement (American Financial Group Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 20 contracts
Samples: Purchase Agreement (Valley National Bancorp), Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 19 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Representations and Warranties by the Company. The Company represents Company, the Adviser and warrants the Administrator, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 18 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 17 contracts
Samples: Underwriting Agreement (Sterling Bancorp, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 15 contracts
Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc), Purchase Agreement (Danaher Corp /De/)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as the Time of the Applicable Time Sale referred to in Section 1(a)(i) hereof), and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 14 contracts
Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 13 contracts
Samples: Underwriting Agreement (Eagle Bulk Shipping Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 12 contracts
Samples: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereofhereof (in each case, and as of each Date of Delivery (if any) referred to in Section 2(b) hereofa “Representation Date”), and agrees with each Underwriter, as follows:
Appears in 11 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery Option Closing Time (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof), hereof and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Edison Schools Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of and, if any Option Securities are purchased, at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income REIT)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (First Niagara Financial Group Inc), Underwriting Agreement (First Niagara Financial Group Inc), Underwriting Agreement (Western Alliance Bancorporation)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c1(a)(ii) hereof, and as of each Date of Delivery (if any) the Closing Time referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Republic Airways Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Symmetry Holdings Inc), Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (Symmetry Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Samples: Underwriting Agreement (Finwise Bancorp), Underwriting Agreement (Community Heritage Financial, Inc.), Underwriting Agreement (Community Heritage Financial, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, as of at the Applicable Time referred to (as defined in Section 1(a)(i) hereof), as of at the Closing Time referred to in Section 2(c) hereof, and as of at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (CenterState Banks, Inc.), Underwriting Agreement (Republic First Bancorp Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (iKang Healthcare Group, Inc.), Underwriting Agreement (Bitauto Holdings LTD), Underwriting Agreement (Nobao Renewable Energy Holdings LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter Underwriter, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof(in each case, and agrees with each Underwritera “Representation Date”), as follows:
Appears in 6 contracts
Samples: Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees agree with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Brookline Bancorp Inc), Underwriting Agreement (Dime Bancorp Inc), Underwriting Agreement (Dime Bancorp Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)
Representations and Warranties by the Company. The Company represents and warrants to and agrees with each Underwriter of the Underwriters, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof(defined below), as of the Closing Time referred to in Section 2(c3(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b3(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter that, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in subsection (i) of this
Section 1(a)(i) hereof1 (a), as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Navitas International CORP), Underwriting Agreement (Navitas International CORP), Underwriting Agreement (Navitas International CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(1) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each any Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Samples: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter that as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Guild Holdings Co), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter named in the Terms Agreement as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, thereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (Delivery, if any) , referred to in Section 2(b) hereofhereof (in each case, and agrees with each Underwritera "Representation Date"), as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Jabil Circuit Inc), Terms Agreement (Jabil Circuit Inc), Underwriting Agreement (Jabil Circuit Inc)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (CSK Auto Corp), Purchase Agreement (CSK Auto Corp), Purchase Agreement (CSK Auto Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (First Midwest Bancorp Inc), Purchase Agreement (MSC Industrial Direct Co Inc), Purchase Agreement (MSC Industrial Direct Co Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to defined in Section 1(a)(i1(a)(1) hereof, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and the Sub-underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and the Sub-underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Angiotech Pharmaceuticals Inc), Purchase Agreement (Aspreva Pharmaceuticals CORP), Purchase Agreement (Gerdau Ameristeel Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (StealthGas Inc.), Underwriting Agreement (StealthGas Inc.), Underwriting Agreement (StealthGas Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Equity One, Inc.), Purchase Agreement (Allos Therapeutics Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(iI(A)(1) hereof, as of the Closing Time referred to in Section 2(cII(C) hereof, and as of each Date of Delivery (if any) referred to in Section 2(bII(B) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i)) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and (as of each Date of Delivery (if any) referred to defined in Section 2(b) hereof)), and agrees with each Underwriter, Underwriter as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Aether Systems LLC), Purchase Agreement (Caribou Coffee Company, Inc.), Purchase Agreement (Caribou Coffee Company, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, hereof and as of the Applicable Time referred to in Section 1(a)(i) hereof, as of [each of] the Closing Time Time[s] referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, of the Underwriters as follows:
Appears in 4 contracts
Samples: Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Xo Communications Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Merrill Lynch Preferred Funding I Lp), Purchase Agreement (Enron Preferred Funding Ii L P), Purchase Agreement (Enron Capital Trust I)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date Time of Delivery (if any) referred to in Section 2(b2(d) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Ctrip Com International LTD), Underwriting Agreement (Ctrip Com International LTD), Underwriting Agreement (China Techfaith Wireless Communication Technology LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and the Selling Shareholder as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and the Selling Shareholder, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Phoenix Companies Inc/De), Purchase Agreement (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (Regeneron Pharmaceuticals Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(v) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp)
Representations and Warranties by the Company. The 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 referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, of the Underwriters as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Nextlink Communications LLC), Underwriting Agreement (Nextlink Communications Inc / De), Underwriting Agreement (Nextlink Communications Inc / De)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Enterprise Financial Services Corp), Underwriting Agreement (BNC Bancorp), Underwriting Agreement (Eagle Bancorp Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Starwood Property Trust, Inc.), Underwriting Agreement (Bona Film Group LTD), Purchase Agreement (Starwood Property Trust, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Paetec Corp), Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, Underwriter as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Merrill Lynch Mortgage Investors Inc), Underwriting Agreement (Merrill Lynch Mortgage Investors Inc), Underwriting Agreement (Commercial Mortgage Pass THR Cert Ser 1998-C2)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriterunderwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Ultramar Diamond Shamrock Corp), Purchase Agreement (Merrill Lynch Preferred Capital Trust Ii), Purchase Agreement (Merrill Lynch Preferred Capital Trust Iv)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Nasdaq Stock Market Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each any Date of Delivery (if any) referred to in Section 2(b) hereofas defined below), and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc)
Representations and Warranties by the Company. The Company hereby represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Tyson Foods, Inc.), Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Tyson Foods Inc)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Talmer Bancorp, Inc.), Purchase Agreement (Ingersoll Rand Co), Purchase Agreement (Timken Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Alliant Energy Corp)
Representations and Warranties by the Company. The 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 referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each the Date of Delivery (Delivery, if any) , referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Hawaiian Electric Co Inc), Purchase Agreement (Hawaiian Electric Industries Inc), Purchase Agreement (Hawaiian Electric Industries Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees agree with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof(as defined below), as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (River Valley Bancorp), Underwriting Agreement (River Valley Bancorp), Underwriting Agreement (River Valley Bancorp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iv) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of and, if any Option Securities are purchased, at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Symmetry Holdings Inc), Underwriting Agreement (Symmetry Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and each Selling Shareholder as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c3(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each UnderwriterUnderwriter and each Selling Shareholder, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.)
Representations and Warranties by the Company. (1) The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Clearwire Corp), Purchase Agreement (Clearwire Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i1(a)(ii) hereof), as of the Closing Time referred to (as defined in Section 2(c) hereof, ) and as of each any Date of Delivery (if any) referred to as defined in Section 2(b) hereof, and agrees with each Underwriter, ) as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (BayCom Corp), Underwriting Agreement (Bankwell Financial Group, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and any broker-dealer affiliates acting on their behalf as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and any broker-dealer affiliate thereof, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (North American Palladium LTD), Underwriting Agreement (North American Palladium LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp)
Representations and Warranties by the Company. The Company hereby represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (MIE Holdings Corp), Underwriting Agreement (MIE Holdings Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(b)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Spectra Energy Corp.), Purchase Agreement (Spectra Energy Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Idenix Pharmaceuticals Inc), Purchase Agreement (Idenix Pharmaceuticals Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, and to each Underwriter named in the applicable Terms Agreement as of the Applicable Time referred to in Section 1(a)(i) hereofdate thereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (American Axle & Manufacturing Holdings Inc), Purchase Agreement (American Axle & Manufacturing Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, Underwriter as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Southwest Water Co), Underwriting Agreement (Southwest Water Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and (as of each Date of Delivery (if any) referred to in Section 2(b) hereofdefined below), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)
