Representations, Warranties and Agreements of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent and warrant to, and agree with, the Subject Agent, the Forward Seller and the Forward Purchaser, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance or acceptance of a Placement Notice or provides a Forward Acceptance (each such date, the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale, (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Brixmor Operating Partnership LP), Equity Distribution Agreement (Brixmor Operating Partnership LP)
Representations, Warranties and Agreements of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership, jointly and severally, represent hereby represents and warrant to, and agree with, warrants to the Subject Agent, the Forward Seller and the Forward PurchaserAgents, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance or acceptance of a Placement Notice or provides a Forward Acceptance (each such date, the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of SaleSale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:
Appears in 2 contracts
Samples: Terms Agreement (Rayonier, L.P.), Distribution Agreement (CatchMark Timber Trust, Inc.)
Representations, Warranties and Agreements of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent and warrant to, and agree with, the Subject Agent, the Forward Seller and the Forward Purchaser, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance or acceptance of a Placement Notice or provides a Forward Acceptance (each such date, the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale, (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Brixmor Operating Partnership LP)
Representations, Warranties and Agreements of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership, jointly and severally, represent represents and warrant warrants to, and agree agrees with, the Subject Agent, the Forward Seller and the Forward Purchaser[●], on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance or acceptance of a Placement Notice or provides a Forward Acceptance (each such date, the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of SaleSale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:
Appears in 1 contract
Representations, Warranties and Agreements of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership, jointly and severally, represent represents and warrant warrants to, and agree agrees with, the Subject Agent, the Forward Seller and the Forward Purchaser, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance or acceptance of a Placement Notice or provides a Forward Acceptance (each such date, the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of SaleSale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:
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