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.
Appears in 103 contracts
Samples: Underwriting Agreement (Cytec Industries Inc/De/), Underwriting Agreement (Cytec Industries Inc/De/), Underwriting Agreement (Qep Resources, Inc.)
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.
Appears in 53 contracts
Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wec Energy Group, Inc.), Underwriting Agreement (Wec Energy Group, Inc.)
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.
Appears in 52 contracts
Samples: Underwriting Agreement (Nuveen California Amt-Free Municipal Income Fund), Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Build America Bond Fund)
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.
Appears in 52 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
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 controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Offered Certificates to the UnderwritersUnderwriter.
Appears in 48 contracts
Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Fre1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He4), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2007-Wmc1)
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, and shall survive delivery of the Securities to the UnderwritersTermination Date.
Appears in 44 contracts
Samples: Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc)
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.
Appears in 42 contracts
Samples: Electric and Power Company (Virginia Electric & Power Co), Underwriting Agreement (Dominion Energy, Inc), Dominion Energy, Inc
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.
Appears in 35 contracts
Samples: Underwriting Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Underwriting Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Underwriting Agreement (Wachovia Commercial Mortgage Securities Inc)
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.
Appears in 34 contracts
Samples: Underwriting Agreement (Valley National Bancorp), Purchase Agreement (Valley National Bancorp), Underwriting Agreement (Valley National Bancorp)
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.
Appears in 33 contracts
Samples: Underwriting Agreement (GM Financial Automobile Leasing Trust 2024-2), Underwriting Agreement (ACAR Leasing Ltd.), Underwriting Agreement (GM Financial Automobile Leasing Trust 2024-1)
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.
Appears in 32 contracts
Samples: Underwriting Agreement (Wisconsin Power & Light Co), Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co)
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.
Appears in 32 contracts
Samples: Underwriting Agreement (Healthpeak Properties, Inc.), Underwriting Agreement (Healthpeak Properties, Inc.), Underwriting Agreement (Healthpeak Properties, Inc.)
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.
Appears in 30 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
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.
Appears in 30 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (Ellington Residential Mortgage REIT), Equity Distribution Agreement (Ellington Financial Inc.)
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.
Appears in 28 contracts
Samples: Underwriting Agreement (Afs Sensub Corp.), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Underwriting Agreement (Afs Sensub Corp.)
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.
Appears in 21 contracts
Samples: Purchase Agreement (Boston Scientific Corp), Purchase Agreement (Mih LTD), Purchase Agreement (Wabash National Corp /De)
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 International Manager or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersInternational Managers.
Appears in 21 contracts
Samples: International Purchase Agreement (Boston Scientific Corp), International Purchase Agreement (Tyco International LTD /Ber/), International Purchase Agreement (National Oilwell Inc)
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.
Appears in 20 contracts
Samples: Purchase Agreement (Fidelity Bankshares Inc), Purchase Agreement (Usi Holdings Corp), Purchase Agreement (Usi Holdings Corp)
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.
Appears in 18 contracts
Samples: Terms Agreement (Apache Corp), Terms Agreement (Apache Corp), Terms Agreement (Apache Corp)
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.
Appears in 18 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)
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.
Appears in 18 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
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.
Appears in 17 contracts
Samples: Paramount Global, Viacom Inc., Viacom Inc.
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.
Appears in 17 contracts
Samples: Distribution Agreement (Homeside Lending Inc), Distribution Agreement (Puget Sound Energy Inc), Distribution Agreement (Amerco /Nv/)
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.
Appears in 17 contracts
Samples: Terms Agreement (Wells Fargo & Company/Mn), Terms Agreement (Wells Fargo & Company/Mn), Distribution Agreement (Wells Fargo & Company/Mn)
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 Shareholders 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 Shareholders, and shall survive delivery of the Securities to the Underwriters.
Appears in 16 contracts
Samples: Purchase Agreement (Sykes Enterprises Inc), Purchase Agreement (Play by Play Toys & Novelties Inc), Purchase Agreement (Caprock Communications Corp)
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.
Appears in 15 contracts
Samples: Purchase Agreement (Bally Total Fitness Holding Corp), Purchase Agreement (Bally Total Fitness Holding Corp), Purchase Agreement (Rhythms Net Connections Inc)
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.
Appears in 15 contracts
Samples: MGM Mirage, Underwriting Agreement (Arvin Industries Inc), Purchase Agreement (Pointe Financial Corp)
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.
Appears in 14 contracts
Samples: Purchase Agreement (St Charles Gaming Co Inc), Purchase Agreement (Illinois Power Co), Purchase Agreement (Kohls Corporation)
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.
Appears in 14 contracts
Samples: Underwriting Agreement (CommonWealth REIT), CommonWealth REIT, Underwriting Agreement (HRPT Properties Trust)
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.
Appears in 13 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
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.
Appears in 12 contracts
Samples: Advanta Mortgage Loan Trust 1998-2, Advanta Mortgage Loan Trust 1996-3, Advanta Mortgage Conduit Services Inc
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.
Appears in 12 contracts
Samples: Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc)
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.
Appears in 12 contracts
Samples: Distribution Agreement (Colgate Palmolive Co), Distribution Agreement (Colgate Palmolive Co), Distribution Agreement (Colgate Palmolive Co)
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.
Appears in 12 contracts
Samples: Purchase Agreement (Nv Energy, Inc.), Purchase Agreement (Nv Energy, Inc.), Purchase Agreement (Nv Energy, Inc.)
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.
Appears in 12 contracts
Samples: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp)
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.
Appears in 11 contracts
Samples: Purchase Agreement (Istar Financial Inc), Underwriting Agreement (First Midwest Bancorp Inc), Purchase Agreement (Istar Financial Inc)
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.
Appears in 11 contracts
Samples: Underwriting Agreement (Valley National Bancorp), Underwriting Agreement (BNC Bancorp), Underwriting Agreement (Eagle Bancorp Inc)
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.
Appears in 11 contracts
Samples: Purchase Agreement (HRPT Properties Trust), Purchase Agreement (CommonWealth REIT), Purchase Agreement (CommonWealth REIT)
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.
Appears in 11 contracts
Samples: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc)
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.
Appears in 11 contracts
Samples: Distribution Agreement (Bank of America Corp /De/), Distribution Agreement (Bank of America Corp /De/), Bank of America Corp /De/
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.
Appears in 11 contracts
Samples: Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.)
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.
Appears in 10 contracts
Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
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.
Appears in 9 contracts
Samples: Purchase Agreement (Entertainment Inc), Purchase Agreement (Entertainment Inc), Purchase Agreement (Entertainment Inc)
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.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Black Stone Minerals, L.P.), Equity Distribution Agreement (NGL Energy Partners LP), Equity Distribution Agreement (Antero Midstream Partners LP)
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.
Appears in 9 contracts
Samples: Underwriting Agreement (MBNK Capital Trust I), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Premier Bancshares Inc /Ga)
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.
Appears in 9 contracts
Samples: Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.)
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.
Appears in 9 contracts
Samples: 2001 Underwriting Agreement (Anadarko Petroleum Corp), Underwriting Agreement (Meadwestvaco Corp), Terms Agreement (Anadarko Petroleum Corp)
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.
Appears in 9 contracts
Samples: Terms Agreement (Deere John Capital Corp), Terms Agreement (Deere John Capital Corp), Terms Agreement (Deere & Co)
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 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.
Appears in 9 contracts
Samples: Purchase Agreement (Invision Technologies Inc), Purchase Agreement (Istar Financial Inc), Purchase Agreement (Armor Holdings Inc)
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.
Appears in 9 contracts
Samples: Underwriting Agreement (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp, Enbridge Energy Partners Lp
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.
Appears in 8 contracts
Samples: Firstenergy Corp, Firstenergy Corp, Firstenergy Corp
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.
Appears in 8 contracts
Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)
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.
Appears in 8 contracts
Samples: Underwriting Agreement (Renasant Corp), Underwriting Agreement (Oceanfirst Financial Corp), Underwriting Agreement (Renasant Corp)
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.
Appears in 8 contracts
Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (Colonial Realty Limited Partnership)
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.
Appears in 8 contracts
Samples: Underwriting Agreement (American Church Mortgage Co), Underwriting Agreement (American Church Mortgage Co), Dealer Manager Agreement (Inland Real Estate Corp)
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 UnderwritersDebt Securities.
Appears in 8 contracts
Samples: Underwriting Agreement (Walt Disney Co/), Underwriting Agreement (Walt Disney Co/), Underwriting Agreement (Walt Disney Co/)
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.
Appears in 8 contracts
Samples: Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Dime Bancorp Inc)
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.
Appears in 8 contracts
Samples: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (Tower Bancorp Inc), Underwriting Agreement (CenterState Banks, Inc.)
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.
Appears in 8 contracts
Samples: Underwriting Agreement (C1 Financial, Inc.), Purchase Agreement (Venture Financial Group Inc), Underwriting Agreement (First of Long Island Corp)
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.
Appears in 7 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
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.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Aimco Properties Lp)
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.
Appears in 7 contracts
Samples: Purchase Agreement (Cd Radio Inc), Purchase Agreement (Teligent Inc), Purchase Agreement (Westfield America Inc)
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.
Appears in 7 contracts
Samples: Underwriting Agreement (Crescent Financial Corp), Underwriting Agreement (Central Federal Corp), Underwriting Agreement (Central Federal Corp)
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.
Appears in 7 contracts
Samples: Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc)
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.
Appears in 7 contracts
Samples: Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Elevance Health, Inc.)
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.
Appears in 7 contracts
Samples: Underwriting Agreement (Memc Electronic Materials Inc), Purchase Agreement (Checkfree Holdings Corp \Ga\), Purchase Agreement (Checkfree Holdings Corp \Ga\)
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.
Appears in 7 contracts
Samples: Purchase Agreement (Phoenix Companies Inc/De), Purchase Agreement (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (Penn National Gaming Inc)
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.
Appears in 7 contracts
Samples: Photon Dynamics Inc, Purchase Agreement (Bally Total Fitness Holding Corp), Purchase Agreement (Bally Total Fitness Holding Corp)
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.
Appears in 6 contracts
Samples: Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc)
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.
Appears in 6 contracts
Samples: Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc)
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.
Appears in 6 contracts
Samples: Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc)
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 the Trustees of the Trust or any of its 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 controlling person, or by or on behalf of the Company, and shall survive delivery of the Preferred Securities to the Underwriters.
Appears in 6 contracts
Samples: Purchase Agreement (Fleetboston Financial Corp), Purchase Agreement (Fleet Financial Group Inc), Purchase Agreement (VNB Capital Trust I)
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.
Appears in 6 contracts
Samples: Distribution Agreement (Toyota Motor Credit Corp), Distribution Agreement (Toyota Motor Credit Corp), Distribution Agreement (Toyota Motor Credit Corp)
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.
Appears in 6 contracts
Samples: Underwriting Agreement (James River Group, INC), Underwriting Agreement (James River Group, INC), Underwriting Agreement (Superior Energy Services Inc)
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.
Appears in 6 contracts
Samples: Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar Financial Corp)
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 and 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, Company and shall survive delivery of the Securities to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (Oriental Financial Group Inc)
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.
Appears in 6 contracts
Samples: Underwriting Agreement (Legacy Reserves Lp), Underwriting Agreement (Legacy Reserves Lp), Underwriting Agreement (Legacy Reserves Lp)
Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties and agreements of the Company 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.
Appears in 6 contracts
Samples: Distribution Agreement (Paccar Inc), Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar Financial Corp)
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.
Appears in 6 contracts
Samples: Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc), Underwriting Agreement (Memc Electronic Materials Inc)
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 Shares to the UnderwritersPlacement Agent.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)
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.
Appears in 6 contracts
Samples: Terms Agreement (BAC Capital Trust XIII), Written Terms Agreement (BAC Capital Trust XIII), Terms Agreement (BAC Capital Trust XIV)
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.
Appears in 6 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Golub Capital BDC (Golub Capital BDC, Inc.)
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.
Appears in 6 contracts
Samples: Underwriting Agreement (Hospitality Properties Trust), Hospitality Properties Trust, Hospitality Properties Trust
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 UnderwritersShares.
Appears in 5 contracts
Samples: Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (Ameris Bancorp)
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 Shareholders 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 CompanyCompany or the Selling Shareholders, and shall survive delivery of the Securities to the U.S. Underwriters.
Appears in 5 contracts
Samples: Purchase Agreement (99 Cents Only Store), Purchase Agreement (Scripps E W Co /De), Brightpoint Inc
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 Company, on behalf 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 Underwriters or any controlling person, or by or on behalf of the CompanyOperating Partnership or any controlling person, and shall survive delivery of the Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Eop Operating LTD Partnership
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 the Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Purchase Agreement (Euronet Services Inc), Underwriting Agreement (Gillette Co), Underwriting Agreement (Gillette Co)
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.
Appears in 5 contracts
Samples: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)
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 UnderwritersCorporate Units.
Appears in 5 contracts
Samples: Dominion Energy Inc /Va/, Dominion Resources (Dominion Resources Inc /Va/), Underwriting Agreement (Dominion Resources Inc /Va/)
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 Underwriters or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (First Midwest Bancorp Inc), Cox Communications Inc /De/
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.
Appears in 5 contracts
Samples: Terms Agreement (Apache Corp), Terms Agreement (Apache Corp), Apache Corp
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 the Trustees of the Trust or any of its 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 controlling person, or by or on behalf of the Company, and shall survive delivery of the Capital Securities to the Underwriters.
Appears in 5 contracts
Samples: Purchase Agreement (Fleet Financial Group Inc), Purchase Agreement (Fleet Capital Trust V), Underwriting Agreement (Chittenden Corp /Vt/)
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 Initial Purchaser or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersInitial Purchasers.
Appears in 5 contracts
Samples: Purchase Agreement (Aflac Inc), Purchase Agreement (Nextlink Communications LLC), Nextlink Communications LLC
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 personyour behalf, 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.
Appears in 5 contracts
Samples: Distribution Agreement (General Electric Capital Corp), Distribution Agreement (General Electric Capital Corp), Distribution Agreement (General Electric Capital Corp)
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 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, Company and shall survive delivery of the Securities to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.)
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 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.
Appears in 4 contracts
Samples: Underwriting Agreement (Taylor Capital Group Inc), Underwriting Agreement (Taylor Capital Group Inc), Underwriting Agreement (Emc Insurance Group Inc)
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 Shareholders 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 Selling Shareholders, and shall survive delivery of the Securities to the Underwriters.
Appears in 4 contracts
Samples: Purchase Agreement (American Axle & Manufacturing Holdings Inc), Purchase Agreement (Idex Corp /De/), Purchase Agreement (Moog Inc)
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 each delivery of and payment for any of the Securities to the UnderwritersOffered Certificates.
Appears in 4 contracts
Samples: Underwriting Agreement (Federal Express Corp), Underwriting Agreement (Federal Express Corp), Underwriting Agreement (Federal Express Corp)
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 as contemplated hereby, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any [any] [the] Underwriter or controlling person, or by or on behalf of the Companyperson thereof, and shall survive delivery of the Securities any Certificates to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Underwriting Agreement (Bond Securitization LLC), Underwriting Agreement (Gs Mortgage Securities Corp)
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 Xxxxxxx Xxxxx or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersXxxxxxx Xxxxx.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Glimcher Realty Trust)
