REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 20 contracts
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Agreement (Idaho Power Co)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM Xxxxxxx Xxxxx and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 8 contracts
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM Sales Agent and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM BNYCMI and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Southwest Gas Corp), Sales Agency Financing Agreement (Southwest Gas Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM the Sales Agent and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agency Agreement, Sales Agency Agreement (Avista Corp), Sales Agency Agreement (Avista Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM and its BNYMCM, the Forward Seller or the Forward Purchaser or any of the respective officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor therefor, (iii) the settlement of any Forward Contract or (iiiiv) any termination of this AgreementAgreement or the Master Forward Confirmation.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i1) any investigation made by or on behalf of BNYMCM and its officers, directors, employees and agents and any Controlling Persons, (ii2) delivery and acceptance of the Common Shares and payment therefor or (iii3) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM and its BNYMCM, the Forward Seller or the Forward Purchaser or any of the respective officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor therefor, (iii) the settlement of any Forward Contract or (iiiiv) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM BNYCMI and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agency Agreement, Sales Agency Agreement (Avista Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM Xxxxxx Xxxxxxx and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Boston Properties Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM KBCM and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company and the Selling Shareholders herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM BNYCMI and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM BTIG and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM and its BNYCMI, any Controlling Persons or the Company (or any of their respective officers, directors, employees and agents and any Controlling Personsdirectors or controlling persons), (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM BofAML and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership Lp /Pa)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYMCM DBSI and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership Lp /Pa)
