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 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 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 Xxxxxxx Xxxxx the 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 8 contracts
Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.)
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 Xxxxxxx Xxxxx 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 contained in this Agreement, or contained in certificates delivered of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect effect, regardless of (i) the termination or cancellation of this Agreement or any investigation made by or on behalf of Xxxxxxx Xxxxx and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance Agent or any person controlling such Agent or by or on behalf of the Common Shares Company, and shall survive each delivery of and payment therefor or (iii) for any termination of this Agreementthe Notes.
Appears in 6 contracts
Samples: Agency Agreement (Donnelley R R & Sons Co), Distribution Agreement (Savannah Electric & Power Co), Distribution Agreement (Sierra Pacific 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 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 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 Xxxxxxx Xxxxx 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 Xxxxxx 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 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 Xxxxxxx Xxxxx and its the Agent, the Forward Seller, the Forward Purchaser or any of their respective officers, directors, employees and employees, agents and or any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor therefor, (iii) the settlement of any Forwards or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (Boston Properties LTD Partnership), Sales Agency Financing Agreement (Boston Properties LTD Partnership)
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 Xxxxxxx Xxxxx Fargo 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 (Mdu Resources Group Inc), Sales Agency Financing Agreement (Mdu Resources Group 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 Xxxxxxx Xxxxx the Covered 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 2 contracts
Samples: 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 Xxxxxxx Xxxxx the Manager 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
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 Xxxxxxx Xxxxx Citi 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 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 Xxxxxxx Xxxxx any Sales Agent and its officers, directors, employees and agents and any Controlling Indemnified Persons, (ii2) delivery and acceptance of the Common Shares and payment therefor or (iii3) any termination of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Southwest Gas Holdings, 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 Xxxxxxx Xxxxx WFS 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 (i1) any investigation made by or on behalf of Xxxxxxx Xxxxx any Sales Agent 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 1 contract
Samples: Sales Agency Agreement (Southwest Gas Holdings, 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 Xxxxxxx Xxxxx SCUSA 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 (Host Hotels & Resorts, 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 Xxxxxxx Xxxxx 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)
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 Xxxxxxx Xxxxx Jefferies 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 Xxxxxxx Xxxxx Baird 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 Xxxxxxx Xxxxx the Agents and its their respective 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
