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 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 Senior Notes to the Underwriters.
Appears in 182 contracts
Samples: Underwriting Agreement (Georgia Power Co), Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co)
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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Offered Certificates to the UnderwritersUnderwriter.
Appears in 48 contracts
Samples: Underwriting Agreement (MASTR Asset Backed Securities Trust 2007-He2), Underwriting Agreement (MASTR Asset Backed Securities Trust 2006-Wmc2), Underwriting Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1)
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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersTermination Date.
Appears in 44 contracts
Samples: Dealer Manager Agreement (Medical Hospitality Group, 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, 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 International Manager or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersInternational Managers.
Appears in 21 contracts
Samples: International Purchase Agreement (Mih LTD), International Purchase Agreement (Boston Scientific Corp), International Purchase Agreement (Interliant 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 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, by or on behalf of the Company Company, or by or on behalf of any of the controlling persons and officers and directors referred to in Sections 8 and 9 hereof, and shall survive delivery of the Senior Notes Certificates to the Underwriters.
Appears in 20 contracts
Samples: Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2008-C1), Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2006-C7)
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 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 personeither Underwriter, or by, by or on behalf of the Company Company, or by or on behalf of any of the controlling persons and officers and directors referred to in Sections 8 and 9 hereof, and shall survive delivery of the Senior Notes Certificates to the Underwriters.
Appears in 19 contracts
Samples: Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2005-C5), Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2004-C6), Underwriting Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C3)
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 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 the Agent or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 16 contracts
Samples: Agency Agreement (FB Bancorp, Inc. /MD/), Agency Agreement (Monroe Federal Bancorp, Inc.), Agency Agreement (Monroe Federal Bancorp, 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 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, by or on behalf of the Company or the Selling Shareholders, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 16 contracts
Samples: Purchase Agreement (Legg Mason Inc), Purchase Agreement (Entegris Inc), Purchase Agreement (Jato Communications 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 14 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
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 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 Senior Notes to the UnderwritersUnderwriter.
Appears in 14 contracts
Samples: Underwriting Agreement (Mississippi Power Co), Underwriting Agreement (Georgia Power Co), Underwriting Agreement (Gulf Power Co)
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 Company, the Mid-Tier Company, the MHC or 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 the Agent or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to Securities and the UnderwritersExchange Shares.
Appears in 10 contracts
Samples: Agency Agreement (Ottawa Bancorp Inc), Agency Agreement (FSB Bancorp, Inc.), Agency Agreement (FSB Bancorp, 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 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, by or on behalf of the Company or the Selling Stockholders, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 9 contracts
Samples: Purchase Agreement (Invision Technologies Inc), Purchase Agreement (Istar Financial Inc), Underwriting Agreement (Plantronics Inc /Ca/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers or Trustees of the Company Offerors 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 Offerors and shall survive delivery of the Senior Notes Preferred Securities to the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (Georgia Power Co), Underwriting Agreement (Gulf Power Co), Underwriting Agreement (Georgia Power 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 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes 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 or any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, 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 any Agent, or by, 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 Senior Notes to the UnderwritersNotes.
Appears in 7 contracts
Samples: u.s. Distribution Agreement (General Electric Capital Corp), Selling Agent Agreement (General Electric Capital Corp), u.s. Distribution Agreement (General Electric Capital Corp)
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 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 Senior Notes to the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co), Underwriting Agreement (Southern 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 submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agents or the Company or any Underwriter of the officers, directors, employees, agents or controlling personpersons referred to in Section 10 hereof, or by, or on behalf of the Company and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services 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 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 the Agent or controlling person, or by, by or on behalf of the Company or the Bank, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Agency Agreement (TC Bancshares, Inc.), Agency Agreement (PB Bankshares, Inc.), Agency Agreement (Eureka Homestead Bancorp, 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Preferred Securities to the Underwriters.
Appears in 6 contracts
Samples: Purchase Agreement (Fleetboston Financial Corp), Purchase Agreement (VNB Capital Trust I), Purchase Agreement (Fleetboston Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers or Trustees of the Company Offerors 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, by or on behalf of the Company Offerors and shall survive delivery of the Senior Notes Capital Securities to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Wachovia Capital Trust Iv), Underwriting Agreement (Wachovia Capital Trust Viii), Underwriting Agreement (Nb Capital Trust Iii)
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 and 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, by or on behalf of the Company and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (R&g Financial Corp), Underwriting Agreement (Oriental Financial Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained in certificates of officers of the Company 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 6 contracts
Samples: Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties and agreements of the Company contained in this Agreement, or contained in certificates of officers of the Company 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, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar 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 submitted pursuant hereto, hereto 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, by or on behalf of the Company Company, and shall survive each delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 6 contracts
Samples: Representations and Indemnity Agreement (Allstate Life Insurance Co), Representations and Indemnity Agreement (Allstate Life Global Funding), Representations and Indemnity Agreement (Allstate Life Global Funding)
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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 6 contracts
Samples: Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Company 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersUnderwritten Securities.
Appears in 6 contracts
Samples: Underwriting Agreement (Caraustar Industries Inc), Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants 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 Offerors 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, by or on behalf of the Company Offerors, and shall survive delivery of the Senior Notes Trust Preferred Securities to the Underwriters.
Appears in 5 contracts
Samples: Purchase Agreement (Merrill Lynch Preferred Capital Trust Ii), Purchase Agreement (Enron Preferred Funding Ii L P), Purchase Agreement (Enron Capital Trust I)
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 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 Senior Notes Preference Stock to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Alabama Power Co)
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 and the Originators submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter of the Underwriters or any controlling personperson thereof, or by, by or on behalf of the Company and the Originators, and shall survive delivery of the Senior Notes Offered Certificates to the UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Underwriting Agreement (TMS Mortgage Inc), Underwriting Agreement (Money Store Home Equity Corp), Underwriting Agreement (Money Store Home Equity 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 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 the Underwriter or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Petroquest 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 the Underwriters or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (First Midwest Bancorp Inc), Purchase Agreement (Cox Communications Inc /De/)
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 submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent or the Company or any Underwriter of the officers, directors, employees, agents or controlling personpersons referred to in Section 10 hereof, or by, or on behalf of the Company and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Cocrystal Pharma, Inc.), Equity Distribution Agreement (ONCOSEC MEDICAL Inc), Equity Distribution Agreement (Castle Brands Inc)
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 and the Originators submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter of the Underwriters or any controlling personperson thereof, or by, by or on behalf of the Company and the Originators, and shall survive delivery of the Senior Notes Class A Certificates to the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Money Store Trust 1996-D), Underwriting Agreement (Money Store Home Equity Corp), Underwriting Agreement (Money Store Home Equity 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Preferred Shares to the Underwriters.
Appears in 4 contracts
Samples: Purchase Agreement (CommonWealth REIT), Purchase Agreement (HRPT Properties Trust), Purchase Agreement (HRPT Properties 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Offered Notes to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Bcap LLC), Underwriting Agreement (Securitized Asset Backed Receivables LLC), Underwriting Agreement (Bcap LLC)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement and the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Offered Securities to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Motorola Inc), Underwriting Agreement (Motorola Inc), Underwriting Agreement (Motorola 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 or the Selling Stockholder 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, by or on behalf of the Company or the Selling Stockholder, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 4 contracts
Samples: Purchase Agreement (Hecla Mining Co/De/), Purchase Agreement (Sicor Inc), Underwriting Agreement (Yuasa 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 submitted pursuant hereto, hereto 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, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 3 contracts
Samples: Distribution Agreement (Boeing Capital Corp), Distribution Agreement (Boeing Capital Corp), Distribution Agreement (Boeing Capital 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 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, by or on behalf of the Company or the Selling Stockholders, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 3 contracts
Samples: Purchase Agreement (Turner Paul H), Purchase Agreement (Simons Stephen W), Purchase Agreement (Usi Holdings Corp)
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 Company, the Mid-Tier Company, the MHC or the Bank 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 personpersons, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersShares.
Appears in 3 contracts
Samples: Agency Agreement (Kearny Financial Corp.), Agency Agreement (Beneficial Bancorp Inc.), Agency Agreement (Clifton Bancorp Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers or Trustees of the Company Offerors 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, by or on behalf of the Company Offerors and shall survive delivery of the Senior Notes Preferred Securities to the Underwriters.
Appears in 3 contracts
Samples: Purchase Agreement (KCPL Financing Iii), Underwriting Agreement (Nb Capital Trust I), Underwriting Agreement (Nb Capital Trust I)
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 Company, the Mid-Tier Company, the Bank or the MHC 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to Securities and the UnderwritersExchange Shares.
Appears in 3 contracts
Samples: Agency Agreement (Ponce Financial Group, Inc.), Agency Agreement (Community First Bancshares, Inc.), Agency Agreement (Affinity Bancshares, 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 and the Guarantor 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 or the Guarantor and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Southern Co Gas), Underwriting Agreement (SOUTHERN Co GAS), Underwriting Agreement (SOUTHERN Co GAS)
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 and the Sellers 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 thereof, or by, by or on behalf of the Company Sellers, and shall survive delivery of the Senior Notes Certificates to the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (Money Store Sba Loan Backed Adj Rak Cert Series 1997-I), Underwriting Agreement (Money Store of New York Inc), Underwriting Agreement (Money Store of New York Inc)
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 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes Preferred Securities to the Underwriters.
Appears in 3 contracts
Samples: Purchase Agreement (NSP Financing Ii), Purchase Agreement (Og&e Financing I), Purchase Agreement (NSP Financing Ii)
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 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 Senior Notes Preferred Stock to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Purchase Agreement (Alabama Power Co), Underwriting Agreement (Alabama Power Co)
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 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 Senior Notes to the UnderwritersInitial Purchasers.
Appears in 2 contracts
Samples: Purchase Agreement (Southern Power Co), Purchase Agreement (Southern Power Co)
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, the Mutual Holding Company or the Bank submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agent or any Underwriter or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Agency Agreement (Fairfield County Bank Corp.), Agency Agreement (Fairfield County Bank 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 submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by you or on your behalf or by or on behalf of any Underwriter or a controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwritersyou.
Appears in 2 contracts
Samples: Underwriting Agreement (Realty Income Corp), Underwriting Agreement (Realty Income 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 investigation made by or on behalf of any Underwriter or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Greater Atlantic Financial Corp), Underwriting Agreement (Metrocorp Bancshares 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 Company, the Operating Partnership 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, by or on behalf of the Company Operating Partnership, and shall survive each delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Distribution Agreement (Duke Realty Limited Partnership/), Distribution Agreement (Duke 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 the Association 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Agency Agreement (St. Joseph Bancorp, Inc.), Agency Agreement (Security of Pennsylvania Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms 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 any Underwriter or controlling person, or by, by or on behalf of the Company Offerors, and shall survive delivery of and payment for the Senior Notes to the UnderwritersUnderwritten Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Telephone & Data Systems Inc), Underwriting Agreement (Telephone & Data Systems Inc)
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 and the Seller 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 thereof, or by, by or on behalf of the Company Seller, and shall survive delivery of the Senior Notes Certificates to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Money Store Commercial Mortgage Inc), Underwriting Agreement (Money Store Commercial Mortgage Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or any Terms Agreement, or contained in certificates of officers of the Company 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 any Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Distribution Agreement (American General Finance Corp), Distribution Agreement (American General Finance 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 submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of an Agent or any Underwriter or controlling personperson of an Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Distribution Agreement (Deere John Capital Corp), Distribution Agreement (Deere & 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, 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co)
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 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, by or on behalf of the Company or the Selling Shareholder, and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Nextlink Communications LLC), Underwriting Agreement (Nextlink Communications LLC)
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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes any Offered Securities to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Baxter International Inc), Underwriting Agreement (Baxter International 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 Offerors 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 Offerors and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co)
Representations, Warranties and Agreements to Survive Delivery. All representationsrepresentationes, warranties and agreements contained in this Agreement, or contained in certificates of officers or Trustees of the Company Offerors 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 Offerors and shall survive delivery of the Senior Notes Preferred Securities to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Alabama Power Capital Trust I), Underwriting Agreement (Alabama Power Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers of the Mutual Holding Company, Company and 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 the Agent or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Agency Agreement (BV Financial, Inc.), Agency Agreement (BV Financial, 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, hereto or thereto 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Purchase Agreement (Solectron Corp), Purchase Agreement (Solectron 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 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, by or on behalf of the Company Companies or any officers, 27 directors or controlling persons and shall survive delivery of the Senior any Notes to the UnderwritersRepresentative or any controlling person.
Appears in 2 contracts
Samples: Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services 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, 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oge Energy 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 submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of an Agent or any Underwriter or controlling personperson of such Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Distribution Agreement (Mge Energy Inc), Distribution Agreement (Madison Gas & Electric Co)
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 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 Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co)
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 submitted pursuant hereto, including indemnity and contribution agreements, 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 any person controlling person, or by, any Underwriter by or on behalf of the Company Company, its officers or directors, and shall survive delivery of acceptance and payment for the Senior Notes to the Underwritershereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Stewart Enterprises Inc), Underwriting Agreement (Stewart Enterprises 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 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, by or on behalf of the Company or any Selling Shareholder, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Rayovac 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 Companies or any 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 Manager or controlling person, or by, by or on behalf of the Company Companies, and shall survive delivery of the Senior Notes Units to the UnderwritersManagers.
Appears in 2 contracts
Samples: International Purchase Agreement (Dura Pharmaceuticals Inc/Ca), International Purchase Agreement (Dura Pharmaceuticals Inc/Ca)
Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties of the Company and agreements the Underwriters contained in this Agreement, or contained in certificates of officers of the Company 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 or any person controlling person, any Underwriter or by, by or on behalf of the Company Company, and shall survive each delivery of the Senior Notes to the Underwritersand payment for any of Purchased Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Paccar Financial Corp), Underwriting Agreement (Paccar Financial 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (Oge Energy Corp.)
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 Xxxxxx Mutual 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Agency Agreement (Mercer Insurance Group Inc), Agency Agreement (Mercer Insurance Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement, or contained in certificates of officers other statements of the Company submitted or its officers set forth in or made pursuant hereto, to this Agreement and any Terms Agreement shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of the Company or any Underwriter or controlling person, or by, or on behalf of the Company person and shall survive delivery of and payment for the Senior Notes to the UnderwritersOffered Securities.
Appears in 1 contract
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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes U.S. Securities to the U.S. Underwriters.
Appears in 1 contract
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 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 Agents or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 1 contract
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 CIBER or of the Contracting Stockholder 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, by or on behalf of the Company or the Contracting Stockholder, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 1 contract
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 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, by or on behalf of the Company or the Selling Stockholders and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (Bally Total Fitness Holding Corp)
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 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, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreementof the Company, or contained in certificates of the Stockholder and the officers of the Company submitted herein or in certificates delivered pursuant hereto, and the indemnity and contribution agreements contained in Section 8 hereof, shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by, by or on behalf of the Company or any of its officers, directors or controlling persons, and shall survive delivery of the Senior Notes Underwritten Shares and, if appropriate, the Option Shares to the UnderwritersRepresentatives or termination of this Agreement.
Appears in 1 contract
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 the general partner of 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 the Underwriter or controlling person, or by, by or on behalf of the Company Company, the Operating Partnership, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Purchase Agreement (Evans Withycombe Residential 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement, or contained in certificates of officers other statements of the Company submitted or its 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 Company or the Underwriter or controlling person, or by, or on behalf of the Company person and shall will survive delivery of and payment for the Senior Notes to the UnderwritersShares.
Appears in 1 contract
Samples: Underwriting Agreement (Republic Security Financial Corp)
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 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, by or on behalf of the Company Company, or by or on behalf of any of the controlling persons and officers and directors referred to in SECTIONS 8 and 9 hereof, and shall survive delivery of the Senior Notes Certificates to the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Structured Asset Sec Corp Com Mort Pas THR Certs Ser 2000-C3)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this the Agreement, or contained in certificates of officers of the Company and the Guarantor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by, by or on behalf of the Company and the Guarantor, and shall survive delivery of the Senior Notes any Guaranteed Securities to the Underwriters.
Appears in 1 contract
Samples: Terms Agreement (Deere & 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 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 Placement Agent or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersFund.
Appears in 1 contract
Samples: Placement Agency Agreement (Developers Diversified Realty Corp)
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 Educators 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 1 contract
Samples: Agency Agreement (Eastern Insurance Holdings, 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 the Partnership submitted pursuant heretoto this Agreement, 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, by or on behalf of the Company or the Partnership, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
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 Guarantor and Issuer 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, by or on behalf of the Company Guarantor and Issuer, and shall survive delivery of the Senior Notes any Offered Securities to the Underwriters.
Appears in 1 contract
Samples: Debt Securities Underwriting Agreement (American Standard Companies Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of the general partner of the Operating Partnership or the officers of 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 the Underwriters or controlling person, or by, by or on behalf of the Operating Partnership, the Company and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (Evans Withycombe Residential Lp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreementof the Company, or contained in certificates of and the officers of the Company submitted herein or in certificates delivered pursuant hereto, and the indemnity and contribution agreements contained in Sections 9 and 10 hereof, shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by, by or on behalf of the Company or any of its officers, directors or controlling persons, and shall survive delivery of the Senior Notes Underwritten Shares and, if appropriate, the Option Shares to the UnderwritersRepresentative or termination of this Agreement.
Appears in 1 contract
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 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 Senior Notes to Shares by the UnderwritersCompany.
Appears in 1 contract
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 Offerors or any of the Company's 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, by or on behalf of the Company Offerors, and shall survive delivery of the Senior Notes Offered Securities to the Underwriters.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained in certificates of officers of the Company 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 1 contract
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 and the Originators submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter of the Underwriters or any controlling personperson thereof, or by, by or on behalf of the Company and the Originators, and shall survive delivery of the Senior Notes to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Money Store Home Equity Corp)
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement, or contained in certificates of officers other statements of the Company submitted or its 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 the Company or any Underwriter or any controlling person, or by, or on behalf of the Company person and shall will survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 1 contract
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 the Bank 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, by or on behalf of the Company or the Selling Shareholders, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (Republic Banking Corp of Florida)
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 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 any controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Shares to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Tyco International LTD /Ber/)
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, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agent or any Underwriter or controlling personperson of the Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 1 contract
Samples: Distribution Agreement (Gillette Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained in certificates of officers of the Company 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersDebt Securities.
Appears in 1 contract