Common use of Representations and Warranties of the Company and the Operating Partnership Clause in Contracts

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby jointly and severally represent, warrant and covenant to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

Appears in 12 contracts

Samples: Underwriting Agreement (Gladstone Commercial Corp), Underwriting Agreement (GLADSTONE LAND Corp), Underwriting Agreement (Gladstone Commercial Corp)

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Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant to, and covenant to with, each Underwriter, as of the date of this Agreementhereof, as of the First Applicable Time, as of the Closing Date (as hereinafter defined) Time, and as of each Option Closing Date (as hereinafter defined), if any, ) and agree with each Underwriter as follows:

Appears in 10 contracts

Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (American Finance Trust, Inc), Underwriting Agreement (Healthcare Trust, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership hereby jointly represents, warrants and severally represent, warrant and covenant covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

Appears in 6 contracts

Samples: Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant and covenant to each Underwriterthe Underwriters as of the date hereof, as of the date of this AgreementApplicable Time, as of the First Closing Date (as hereinafter defined) Time and as of each Option Closing respective Date (as hereinafter defined)of Delivery referred to in Section 2(a) hereof, if any, as followsthat:

Appears in 4 contracts

Samples: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby jointly and severally representrepresent and warrant to, warrant and covenant to agree with, each UnderwriterUnderwriter as of the date hereof, as of the date of this Agreement, as of the First Closing Date (as hereinafter defineddefined below) and as of each the Option Closing Date (as hereinafter defined), if any, defined below) as follows:

Appears in 4 contracts

Samples: Underwriting Agreement (Investors Real Estate Trust), Underwriting Agreement (Investors Real Estate Trust), Underwriting Agreement (Investors Real Estate Trust)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant and covenant to each UnderwriterUnderwriter that, as of the date of this Agreementhereof, and as of the First Closing Date (as hereinafter defined) and as of each Option Additional Closing Date (as hereinafter defined), if anyDate, as followsthe case may be:

Appears in 3 contracts

Samples: Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant to, and covenant to covenants with, each Underwriter, as of the date of this Agreementhereof, as of the First Applicable Time, as of the Closing Date (as hereinafter defined) Time, and as of each Option Closing Date (as hereinafter defined), if any, ) and agrees with each Underwriter as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (American Finance Trust, Inc), Underwriting Agreement (Global Net Lease, Inc.), Underwriting Agreement (Global Net Lease, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant to, and covenant to each with, the Underwriter, as of the date of this Agreementhereof, as of the First Closing Date (as hereinafter defined) and Applicable Time, as of each Option the Closing Date (as hereinafter defined)Time, if any, and agree with the Underwriter as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant to, and covenant to each Underwritercovenants with, the Underwriters, as of the date of this Agreementhereof, as of the First Applicable Time, as of the Closing Date (as hereinafter defined) Time, and as of each Option Closing Date (as hereinafter defined), if any, ) and agrees with the Underwriters as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Global Net Lease, Inc.), Underwriting Agreement (Global Net Lease, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby jointly and severally representrepresent and warrant to, warrant and covenant to agree with, each UnderwriterUnderwriter as of the date hereof, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each any Option Closing Date (as hereinafter defined), if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Investors Real Estate Trust)

Representations and Warranties of the Company and the Operating Partnership. The Company and and, upon execution of the Joinder Agreement, the Operating Partnership hereby jointly and severally representseverally, represent and warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time and covenant to any Date of Delivery (as defined below), and agree with each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (MGM Growth Properties LLC)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant and covenant to each Underwriterthe Underwriters as of the date hereof, as of the date of this AgreementApplicable Time, as of the First Closing Date (as hereinafter definedTime referred to in Section 2(a) and as of each Option Closing Date (as hereinafter defined)hereof, if any, as followsthat:

Appears in 1 contract

Samples: Underwriting Agreement (Ashford Hospitality Trust Inc)

Representations and Warranties of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership hereby jointly represents, warrants and severally represent, warrant and covenant covenants to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter hereafter defined), if any, and covenants with each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Healthcare Properties Trust Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership hereby jointly represents, warrants and severally represent, warrant and covenant covenants to each the Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

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Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant to, and covenant to each covenants with, the Underwriter, as of the date of this Agreementhereof, as of the First Applicable Time, as of the Closing Date (as hereinafter defined) Time, and as of each Option Closing Date (as hereinafter defined), if any, ) and agrees with the Underwriter as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Global Net Lease, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant and covenant to each Underwriterthe Underwriters as of the date hereof, as of the date of this Agreement, Applicable Time and as of the First Closing Date (as hereinafter definedTime referred to in Section 2(a) and as of each Option Closing Date (as hereinafter defined)hereof, if any, as followsthat:

Appears in 1 contract

Samples: Underwriting Agreement (Ashford Hospitality Trust Inc)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby jointly and severally represent, warrant and covenant to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Gladstone Commercial Corp)

Representations and Warranties of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership hereby jointly represents, warrants and severally represent, warrant and covenant covenants to each Underwriter, Forward Seller and Forward Purchaser as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby jointly represent and severally represent, warrant to the Underwriters as of the date hereof and covenant to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if anyDate, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Equity Office Properties Trust)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby jointly represent and severally represent, warrant and covenant to each Underwriterthe Underwriters, as of the date of this Agreementhereof, as of the First Closing Date (as hereinafter defined) defined below), and as of each the Option Closing Date (as hereinafter defineddefined below) (each, a "Representation Date"), if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Equity Office Properties Trust)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby represent and warrant, jointly and severally representseverally, warrant and covenant to each Underwriterthe Underwriters, as of the date of this Agreementhereof, as of the First Closing Date (as hereinafter defined) defined below), and as of each the Option Closing Date (as hereinafter defineddefined below) (each, a "Representation Date"), if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Equity Office Properties Trust)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership hereby Partnership, jointly and severally representseverally, represent and warrant and covenant to each Underwriterthe Underwriter as of the date hereof, as of the date of this AgreementApplicable Time, as of the First Closing Date (as hereinafter defined) Time and as of each Option Closing respective Date (as hereinafter defined)of Delivery referred to in Section 2(a) hereof, if any, as followsthat:

Appears in 1 contract

Samples: Underwriting Agreement (Ashford Hospitality Trust Inc)

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