Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30, 2015, among Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 8 contracts
Samples: CalAmp Corp., CalAmp Corp., CalAmp Corp.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30December 12, 20152016, among Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx Xxxxxx Xxxxxxx & Co. LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 6 contracts
Samples: Letter Agreement (World Wrestling Entertainmentinc), World Wrestling Entertainmentinc, World Wrestling Entertainmentinc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 1 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30October 31, 20152017, among between Counterparty and Xxxxxx Xxxxxxx & Co. LLC and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 6 contracts
Samples: Chart Industries Inc, Chart Industries Inc, Chart Industries Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 1 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30May 11, 20152020, among between Counterparty and X.X. Xxxxxx Credit Suisse Securities (USA) LLC and Xxxxxxxxx Xxxxxxx Xxxxx & Co. LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 6 contracts
Samples: Letter Agreement (Pioneer Natural Resources Co), Pioneer Natural Resources Co, Pioneer Natural Resources Co
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 3028, 20152016, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers initial purchasers party thereto (the “Initial PurchasersPurchaser”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 5 contracts
Samples: Knowles Corp, Knowles Corp, Knowles Corp
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 1 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30February 4, 2015, 2014 among Counterparty and X.X. Xxxxxx Securities Xxxxxxx & Co. LLC and Xxxxxxxxx LLC, as representatives of the Initial Purchasers party thereto initial purchasers (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 5 contracts
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30June 6, 20152018, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLCDealer, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”Purchaser), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 5 contracts
Samples: Letter Agreement (Avaya Holdings Corp.), Letter Agreement (Avaya Holdings Corp.), Avaya Holdings Corp.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30February 27, 20152019 between Counterparty, among Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLCBarclays Capital Inc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 4 contracts
Samples: Liveperson Inc, mayafiles.tase.co.il, Liveperson Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30June 12, 20152013, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLCCitigroup Global Markets Inc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 3 contracts
Samples: Allscripts Healthcare Solutions, Inc., Allscripts Healthcare Solutions, Inc., Allscripts Healthcare Solutions, Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30March 12, 20152013, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Samples: Meadowbrook Insurance Group Inc, Meadowbrook Insurance Group Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30November 19, 20152013, among between Counterparty and X.X. J.X. Xxxxxx Securities LLC and Xxxxxxxxx Mxxxxx Sxxxxxx & Co. LLC, as representatives of the Initial Purchasers party thereto several initial purchasers (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Samples: Albany Molecular Research Inc, Albany Molecular Research Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30November 19, 20152020, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial PurchasersPurchaser”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Samples: Letter Agreement (GoPro, Inc.), GoPro, Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30February 9, 2015, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30June 9, 2015, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx Credit Suisse Securities (USA) LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Samples: Ironwood Pharmaceuticals Inc, Ironwood Pharmaceuticals Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30August 22, 20152012, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial PurchasersPurchaser”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “"Purchase Agreement”"), dated as of April 30July 1, 20152013, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “"Initial Purchasers”Purchaser"), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Samples: Healthways, Inc, Healthways, Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 1 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30August 18, 2015, among 2020 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx Xxxxxxx & Co. LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Premium Payment Date and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Samples: Chegg, Inc, Chegg, Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30January [__], 20152023, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 2 contracts
Samples: Live Nation Entertainment, Inc., Live Nation Entertainment, Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30March 15, 2015, among 2010 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLCInc., as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”)thereto, are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Knight Capital Group, Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30August 12, 20152021, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC[***], as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Fisker Inc./De
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30July [ ], 20152018, among Counterparty and X.X. Xxxxxx Securities LLC Citigroup Global Markets Inc. and Xxxxxxxxx Xxxxx Fargo Securities, LLC, as representatives of the Initial Purchasers initial purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Palo Alto Networks Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30May 21, 20152020, among Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Under Armour, Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30March 23, 2015, among 2010 between Counterparty and X.X. Xxxxxx Securities LLC Inc. and Xxxxxxxxx LLCXxxxxxx Lynch, Xxxxxx, Xxxxxx & Xxxxx Incorporated as representatives of the several Initial Purchasers party thereto (the “Initial Purchasers”)thereto, are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Kaiser Aluminum Corp
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 1 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30August 17, 20152021, among Counterparty and X.X. Xxxxxx Securities Counterparty, Xxxxxxx Xxxxx & Co. LLC and Xxxxxxxxx LLCBofA Securities, Inc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date Date, in lieu of the representations set forth in Section 3(a) of the Agreement, that:
Appears in 1 contract
Samples: Upstart Holdings, Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30January [ ], 2015, among 2021 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLCBofA Securities, Inc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: MARRIOTT VACATIONS WORLDWIDE Corp
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 [ ] of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30August [ ], 20152024, among between Counterparty and X.X. J.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Ani Pharmaceuticals Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 [3] of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30June [ ], 20152020, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx Xxxxxxx & Co. LLC, as representatives representative of the Initial Purchasers initial purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Palo Alto Networks Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 [3] of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30[ ], 20152021, among Counterparty and between Counterparty, X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Verint Systems Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30December 20, 20152018, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx Xxxxxx Xxxxxxx & Co. LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Benefitfocus,Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), dated as of April 30[March 25], 20152014, among Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLCDeutsche Bank Securities Inc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Homeaway Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30September [__], 20152021, among Counterparty and X.X. J.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Jamf Holding Corp.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30March 23, 2015, among 2010 between Counterparty and X.X. Xxxxxx Securities LLC Inc. and Xxxxxxxxx LLCXxxxxxx Xxxxx, Xxxxxx Xxxxxx & Xxxxx Incorporated as representatives of the several Initial Purchasers party thereto (the “Initial Purchasers”)thereto, are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Kaiser Aluminum Corp
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30February [__], 20152024, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC[ ], as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Five9, Inc.
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30August [ ], 20152021, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Fisker Inc./De
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of April 30June 17, 20152020, among between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLCCitigroup Global Markets Inc., as representatives of the Initial Purchasers party thereto (the “Initial PurchasersPurchaser”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to Dealer on the date hereof and on and as of the Premium Payment Date that:
Appears in 1 contract
Samples: Allegheny Technologies Inc