Common use of Representations and Warranties of Counterparty Clause in 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 March 16, 2021 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxx Fargo Securities, LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 7 contracts

Samples: Imax Corp, Imax Corp, Imax Corp

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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 March 16February 8, 2021 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxx Xxxxx Fargo Securities, & Co. LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 2 contracts

Samples: Peloton Interactive, Inc., Peloton Interactive, 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 March 1621, 2021 2019 between Counterparty and X.X. Xxxxxx Securities Xxxxxxx & Co. LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Fargo Securities, LLCIncorporated, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) 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 March 16February 4, 2021 2021, between Counterparty and X.X. J.X. Xxxxxx Securities LLC and Xxxxx Fargo Securities, LLCCitigroup Global Markets Inc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and the Premium Payment Date and are hereby deemed to be repeated to Dealer as of the date hereof 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: Letter Agreement (SmileDirectClub, 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 March 16May [__], 2021 between 2023 among Counterparty and X.X. Xxxxxx Securities LLC and Xxxxx Fargo BofA Securities, LLCInc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: Dexcom 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 March 16February 28, 2021 2023, between Counterparty and X.X. Xxxxxx Xxxxxxx & Co. LLC, Credit Suisse Securities (USA) LLC and Xxxxx Fargo Truist Securities, LLCInc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: Encore Capital Group 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 March 1628, 2021 2018 between Counterparty and X.X. Xxxxxx Securities Xxxxxxx & Co. 16 LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Fargo Securities, LLCIncorporated, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: Chegg, Inc

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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 March 162, 2021 between Counterparty and Xxxxxxx Xxxxx & Co. LLC and X.X. Xxxxxx Securities LLC and Xxxxx Fargo Securities, LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: Ceridian HCM Holding 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 March 16May 11, 2021 2023, between Counterparty and X.X. Xxxxxx Securities LLC, Xxxxxx Xxxxxxx & Co. LLC and Xxxxx Fargo BofA Securities, LLCInc., as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: Bloom Energy 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 March 16[__________], 2021 2020, between Counterparty and X.X. J.X. Xxxxxx Securities LLC and Xxxxx Fargo Securities, LLC, as representatives representative of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and the Premium Payment Date and are hereby deemed to be repeated to Dealer as of the date hereof 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: Marcus 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 March 16September [__], 2021 2023 between Counterparty and X.X. Xxxxxx Securities LLC and Xxxxxxxxx LLC, Xxxxx Fargo Securities, LLC and RBC Capital Markets, LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct on and as of the Trade Date and 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 (or such other date as specified below) that:

Appears in 1 contract

Samples: CSG Systems International Inc

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