Common use of Representations, Warranties and Agreements to Survive Delivery Clause in Contracts

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements covenants contained in this Agreement or in certificates of officers of the Company Fund or any of its subsidiaries the Investment Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyFund or the Investment Adviser, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Sales Agent or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersSales Agent.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersSenior Notes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company, Company and shall survive delivery of and payment for the Securities to the UnderwritersUnderwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Representative or controlling personperson of the Representative, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons and shall survive delivery of the Securities any Notes to the UnderwritersRepresentative or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement, or the applicable Terms Agreement or any investigation made by or on behalf of the Underwriters or any Underwriter or controlling personperson thereof, or by or on behalf of the Company, its officers or directors and shall survive delivery of the Securities any Certificates to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling personUnderwriter, or by or on behalf of the Company, or by or on behalf of any of the controlling persons and officers and directors referred to in Sections 8 and 9, and shall survive delivery of the Securities Underwritten Certificates to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any (i) investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or directors, or by or on behalf of the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter officers, directors or controlling personpersons of any of the Underwriters, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons of either of the Companies and shall survive delivery of the Securities any Notes to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or any affiliate, selling agent or controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Placement Agent or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersPlacement Agent.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Company, the Adviser and the Administrator submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of (i) any investigation made by or on behalf of the Manager or its Affiliates or selling agents, any Underwriter person controlling the Manager, its officers or directors or any person controlling person, or by or on behalf of the Company, Company and shall survive (ii) delivery of and payment for the Securities to the UnderwritersShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter officers, directors or controlling personpersons of any of the Underwriters, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons of either of the Companies and shall survive delivery of the Securities any Offered Notes to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries the Bank submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Agent or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Representatives or controlling personperson of the Representatives, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons and shall survive delivery of the Securities any Publicly Offered Notes to the UnderwritersRepresentatives or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any U.S. Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the U.S. Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Agent or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersAgent.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling personperson of an Underwriter, or by or on behalf of the Company, and shall survive each delivery of the Securities to the Underwritersand payment for any Offered Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agents or any Underwriter or controlling personperson of an Agent, or by or on behalf of the Company, and shall survive each delivery of and payment for the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Agent or any controlling personperson of any Agent, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities Securities; provided, however, that the representations and warranties of the Company shall be deemed to be made as of the Underwritersdate of execution of this Agreement and the Closing Time only.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersUnderwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Initial Purchaser or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersInitial Purchasers.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Initial Purchaser or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersInitial Purchasers.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Notes to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Senior Notes to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of executive officers of the Company and the Operating Partnership or any of its subsidiaries submitted pursuant heretotheir subsidiaries, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, its affiliates or selling agents, or any controlling person, or by or on behalf of the CompanyCompany or the Operating Partnership, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons thereof, or by or on behalf of the Company, Company and shall survive delivery of the Securities any Offered Certificates to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any (i) investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or directors, or by or on behalf of the Company, Company and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agents or any Underwriter or controlling personperson of the Agents, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Sales Manager or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Shares to the UnderwritersSales Manager.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling personperson of an Underwriter, or by or on behalf of the CompanyCompany or the Operating Partnership or any officer or trustee or partner or controlling person of the Company or the Operating Partnership, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of (i) any investigation made by or on behalf of the Manager or its Affiliates or selling agents, any Underwriter person controlling the Manager, its officers or directors or any person controlling person, or by or on behalf of the Company, Company and shall survive (ii) delivery of and payment for the Securities to the UnderwritersShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or in certificates of officers of the Company Company, the Guarantor or any of its their respective subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any (i) investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling personthe Underwriter, its officers or directors, or by or on behalf of the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Shares to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Corporation submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Agent or any controlling personperson of any Agent, or by or on behalf of the CompanyCorporation, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersUnderwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Adviser, the Administrator or any of its their respective subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, the Adviser or the Administrator, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this the Underwriting Agreement or and/or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive payment for and delivery of the Securities to the UnderwritersBonds.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its the Guarantors or any of the Company’s other subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the CompanyCompany or any of the Guarantors, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained other statements of the Company, the Guarantor or the officers set forth in or made pursuant to this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall will remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of the Company, the Guarantor or any Underwriter or any controlling person, or by or on behalf person of the Company, any Underwriter and shall will survive delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any trustees of its subsidiaries the Trust submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Trust or the Company, and shall survive delivery of the Preferred Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement and the Pricing Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the any Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the any Underwritten Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personperson of the Underwriters, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons and shall survive delivery of the Securities any Offered Notes to the UnderwritersUnderwriters or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Chase Purchasers or controlling person, or by or on behalf of the Company, and shall survive delivery of the Preference Securities to the UnderwritersChase Purchasers.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries General Partner and Enbridge Management submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompanies, and shall survive delivery of the Securities Offered Units to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Partnership or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Managers or controlling person, or by or on behalf of the CompanyPartnership, and shall survive delivery of the Securities Units to the Underwritersany Manager.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or any controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersUnderwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements covenants contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, any person controlling any Underwriter or controlling person, any affiliate of any Underwriter or by or on behalf of the Company, its officers or directors or any person controlling the Company, and shall survive delivery the acceptance of and payment for any of the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Guarantor or any of its their subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Guarantor, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and indemnity and contribution agreements contained in this Underwriting Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any termination of this Underwriting Agreement, any investigation made by or on behalf of any Underwriter the Underwriters or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Notes to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers and other representatives of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any (i) investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter or its officers or other representatives, or by or on behalf of the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any (i) investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or directors, or by or on behalf of the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Notes to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of you or any Underwriter or controlling personperson who controls you, or by or on behalf of the Company, Company and shall survive delivery of the Securities to the UnderwritersTermination Date.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Operating Partnership or any Subsidiary of its subsidiaries the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Xxxxxxx Xxxxx or controlling person, or by or on behalf of the CompanyCompany or the Operating Partnership, and shall survive delivery of the Securities to the UnderwritersXxxxxxx Xxxxx.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, Company and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement or in certificates of officers other statements of the Company or any of its subsidiaries submitted officers set forth in or made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling person, or by or on behalf person of the Company, Underwriter and shall will survive termination of this Agreement and receipt or delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Selling Stockholders, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Selling Shareholder, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any U.S. Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the U.S. Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Operating Partnership or any of its subsidiaries Subsidiary submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Xxxxxxx Xxxxx or controlling person, or by or on behalf of the CompanyCompany or the Operating Partnership, and shall survive delivery of the Securities to the UnderwritersXxxxxxx Xxxxx.

Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties of the Company and agreements the Agents contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of the termination of this Agreement or any investigation made by or on behalf of any Underwriter Agent or any person controlling person, any Agent or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or by directors or on behalf of any person controlling the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries or the Selling Stockholder submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Selling Stockholder, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agents or any Underwriter or controlling personperson of the Agents, or by or on behalf of the Company or any controlling person of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or by directors or on behalf of any person controlling the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Selling Agent or any controlling personperson of any Selling Agent, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Manager submitted pursuant hereto, shall remain operative and in full force and effect, regardless of (A) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or directors, or by any person controlling the Company or on behalf of the CompanyManager, and shall survive (B) delivery of and payment for the Securities to the UnderwritersSecurities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Legacy Parties or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyPartnership, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in agreements delivered pursuant hereto or certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons thereof, or by or on behalf of the Company, Company and shall survive delivery of the Securities any Offered Certificates to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Underwritten Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Adviser, the Administrator or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, the Adviser or the Administrator, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or any controlling personperson of the Underwriter, or by or on behalf of the CompanyCompany or the Operating Partnership or any officer or trustee or partner or controlling person of the Company or the Operating Partnership, and shall survive delivery of the Securities to the UnderwritersUnderwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersJunior Subordinated Notes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries and the Guarantor submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling personperson of an Underwriter, or by or on behalf of the CompanyCompany or the Guarantor, and shall survive each delivery of the Securities to the Underwritersand payment for any Offered Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Operating Partnership, and shall survive delivery of the Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of Depositor and its subsidiaries Affiliates submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the CompanyDepositor and its Affiliates, and shall survive delivery of the Offered Securities to the Underwriters.