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 September 14, 2010, between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, 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: Letter Agreement (Tower Group, Inc.), Letter Agreement (Tower Group, Inc.), Letter Agreement (Tower 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 September 14June 24, 20102014, between among Counterparty and Deutsche Bank Securities Inc., Xxxxxxx, Xxxxx & Co. and X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx IncorporatedLLC, 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: Mercadolibre Inc, Mercadolibre 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 September 14April 24, 20102014, between among Counterparty and X.X. Xxxxxx Securities LLC and LLC, Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx IncorporatedIncorporated and Xxxxxxx, Xxxxx & Co., 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: Citrix Systems Inc, Citrix Systems Inc
Representations and Warranties of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 3 1(a) of the Purchase Agreement (the “Purchase Agreement”), ) dated as of September 14October 2, 20102018, between among Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxx Merrill, Lynch, PierceXxxxxx, Xxxxxx & Xxxxx IncorporatedIncorporated 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 Date, in lieu of the representation set forth in Section 3(a) of the Agreement, that:
Appears in 2 contracts
Samples: Boingo Wireless Inc, Boingo Wireless 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 September 14August 7, 2010, between 2019 among Counterparty and Xxxxxxx Xxxxx & Co. LLC, X.X. Xxxxxx Securities LLC and Xxxxxx Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx IncorporatedCo. 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: Alteryx, Inc., Alteryx, 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 September 14June 24, 20102014, between among Counterparty and Deutsche Bank Securities Inc., Xxxxxxx, Sachs & Co. and X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx IncorporatedLLC, 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: Mercadolibre Inc, Mercadolibre 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 September 1412, 20102017, between Counterparty and X.X. among Counterparty, Xxxxxx Securities Xxxxxxx & Co. LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as representatives of the Initial Purchasers party thereto (the “Initial PurchasersRepresentatives”), are is true and correct and are is 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: Workday, Inc., Workday, 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 September 14May 17, 20102017, between among Counterparty and X.X. Xxxxxx Securities Xxxxxxx & Co. LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, Incorporated 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: Realpage 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 September 14[_____], 20102024, between Counterparty and X.X. J.X. Xxxxxx Securities LLC and Jxxxxxxxx LLC and Pxxxx Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx IncorporatedCo., 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: Pacira BioSciences, 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 September 14May [__], 20102018, between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx Xxxxx & Xxxxx IncorporatedCo. 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: Five9, Inc.
Representations and Warranties of Counterparty. Each Counterparty hereby represents and warrants to Dealer that, as of the date hereof, each of the representations and warranties of Counterparty set forth in Section 3 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of September 14[__], 2010, 2022 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx IncorporatedLLC, as representatives representative of the Initial Purchasers party thereto initial purchasers (the “Initial Purchasers”)) party thereto, are is true and correct and are is 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: Alnylam Pharmaceuticals, Inc.
Representations and Warranties of Counterparty. Each of the The representations and warranties of Counterparty set forth in Section 3 4 of the Purchase Agreement (the “Purchase Agreement”), ) dated as of September 14March 16, 2010, between Counterparty and X.X. Xxxxxx Securities LLC Inc. and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated made directly 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
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 September 1420, 2010, 2017 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, 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: 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 Underwriting Agreement (the “Purchase Underwriting Agreement”), ) dated as of September 14June 4, 2010, 2009 between Counterparty and X.X. Xxxxxx Securities LLC and Inc., Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, Wachovia Capital Markets, LLC and Credit Suisse Securities (USA) LLC as representatives representative of the Initial Purchasers Underwriters party thereto (the “Initial PurchasersUnderwriters”), are true and correct and are hereby deemed to be repeated to Dealer on the date hereof and on and as of the Premium Payment Date 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: Exterran Holdings 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 September 1413, 20102021, between among Counterparty and X.X. Gxxxxxx Sxxxx & Co. LLC, J.X. Xxxxxx Securities LLC and Xxxxxxx Lynch, Pierce, Xxxxxx Oxxxxxxxxxx & Xxxxx IncorporatedCo. 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: Porch 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 September 14[ ], 2010, 2022 between Counterparty and [X.X. Xxxxxx Securities LLC and Xxxxxxx LynchBofA Securities, Pierce, Xxxxxx & Xxxxx IncorporatedInc.], 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 September 14[__], 20102023, between Counterparty and X.X. Xxxxxx Securities LLC LLC, Xxxxx Xxxxxxx & Co. and Xxxxxxx LynchXxxxx Fargo Securities, Pierce, Xxxxxx & Xxxxx IncorporatedLLC, 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