Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 38 contracts
Samples: Terms Agreement (DUKE REALTY LTD PARTNERSHIP/), Terms Agreement (Duke Realty Limited Partnership/), Terms Agreement (DUKE REALTY LTD PARTNERSHIP/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Operating Partnership or the Company or authorized representatives of each of the Operating Partnership or the Company submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or (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 the Company or any person controlling the Operating Partnership or the Company, and shall survive (ii) delivery of and payment for the Underwritten Securities to the UnderwritersNotes.
Appears in 24 contracts
Samples: Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/), Underwriting Agreement (Simon Property Group L P /De/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company Company, the Guarantor or the Operating Partnership any of their respective subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Guarantor, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 19 contracts
Samples: Underwriting Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD)
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 the officers of the Company or the Operating Partnership any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 15 contracts
Samples: Underwriting Agreement (Telephone & Data Systems Inc /De/), Underwriting Agreement (Telephone & Data Systems Inc /De/), Underwriting Agreement (United States Cellular Corp)
Representations, Warranties and Agreements to Survive Delivery. All The respective indemnities, agreements, representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company and its principal officers, where appropriate, and the Underwriters set forth in or the Operating Partnership submitted made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling personthe Underwriters, or by or on behalf of the Company or the Operating Partnership any of its officers or directors or any controlling person and shall will survive delivery of and payment for the Underwritten Securities to and the Underwriterstermination of this Agreement.
Appears in 15 contracts
Samples: Underwriting Agreement (Gateway American Properties Corp), Underwriting Agreement (Commerce Casualty Group Inc), Underwriting Agreement (Aviation Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or and the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 13 contracts
Samples: Underwriting Agreement (Colonial Properties Trust), Underwriting Agreement (Colonial Properties Trust), Underwriting Agreement (Colonial Properties Trust)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 11 contracts
Samples: Underwriting Agreement (Merrill Lynch Depositor Inc), Underwriting Agreement (Merrill Lynch Depositor Inc), Underwriting Agreement (Merrill Lynch & Co Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agreements, including indemnity and contribution provisions, contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or and the Operating Partnership Subsidiary Guarantors submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive the termination of this Agreement and the delivery of the Underwritten Securities to the Underwriters.
Appears in 10 contracts
Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or the applicable Terms any Term Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter or Underwriter, controlling person, or by or on behalf of the Company person or the Operating Partnership Company, and shall survive delivery of the Underwritten of, and payment for, any Securities to the Underwriters.
Appears in 9 contracts
Samples: Underwriting Agreement (Boston Scientific Corp), Underwriting Agreement (Boston Scientific Corp), Underwriting Agreement (Boston Scientific Corp)
Representations, Warranties and Agreements to Survive Delivery. All The respective agreements, representations, warranties warranties, indemnities, rights of contribution and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company or its officers and of the Operating Partnership submitted Underwriters set forth in or made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or any of the Operating Partnership officers, directors, controlling persons or affiliates referred to in Section 8 hereof, and shall will survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 8 contracts
Samples: Underwriting Agreement (Alphabet Inc.), Underwriting Agreement, Underwriting Agreement (Alphabet Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 8 contracts
Samples: Underwriting Agreement (Colonial Realty Limited Partnership), Underwriting Agreement (Colonial Realty Limited Partnership), Underwriting Agreement (Colonial Realty Limited Partnership)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Carramerica Realty Corp), Underwriting Agreement (Carramerica Realty Corp), Terms Agreement (Carramerica Realty Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms this Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of and payment for the Underwritten Securities to the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (United Dominion Realty Trust Inc), Underwriting Agreement (United Dominion Realty Trust Inc), Underwriting Agreement (United Dominion Realty Trust Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agreements, including the agreement of the Company in Section 6 hereof with respect to indemnity and contribution, contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms this Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of the Underwritten any Securities to the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Bottling Holdings Investments Luxembourg Commandite S.C.A.), Underwriting Agreement (Coca Cola Enterprises Inc), Underwriting Agreement (Coca-Cola Enterprises, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or Company, on behalf of the Operating Partnership Partnership, submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by or on behalf of the Company or the Operating Partnership or any controlling person, and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 5 contracts
Samples: Underwriting Agreement (Caterpillar Financial Services Corp), Underwriting Agreement (Caterpillar Financial Services Corp), Underwriting Agreement (Caterpillar Financial Services Corp)
Representations, Warranties and Agreements to Survive Delivery. All The respective agreements, representations, warranties warranties, indemnities and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company or its officers and of the Operating Partnership submitted Underwriters set forth in or made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or any of the Operating Partnership officers, directors, employees, agents or controlling persons referred to in Section 8 hereof, and shall will survive delivery of and payment for the Underwritten Securities to Securities. The provisions of Sections 7 and 8 hereof shall survive the Underwriterstermination or cancellation of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (Pall Corp), Terms Agreement (Dollar Thrifty Automotive Group Inc), Underwriting Agreement (Dollar Thrifty Automotive Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company Company, any Initial Guarantor or the Operating Partnership any of their respective subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership any Initial Guarantor, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 4 contracts
Samples: Underwriting Agreement (Vectren Utility Holdings Inc), Underwriting Agreement (Southern Indiana Gas & Electric Co), Underwriting Agreement (Vectren Utility Holdings Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, Agreement or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or and the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 3 contracts
Samples: Purchase Agreement (Post Properties Inc), Purchase Agreement (Post Properties Inc), Purchase Agreement (Post Properties Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers authorized representatives of the Company or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 3 contracts
Samples: Underwriting Agreement (Reckson Operating Partnership Lp), Underwriting Agreement (Reckson Operating Partnership Lp), Underwriting Agreement (Reckson Operating Partnership Lp)
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained other statements of the Company, its officers set forth in or made pursuant to this Agreement or the applicable Terms Agreement and any Delayed Delivery Contract and the indemnities of the Underwriters set forth in this Agreement will remain operative and in full force and effect regardless of any termination of this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling personthe Company, or by any Underwriter, controlling person or on behalf of the Company or the Operating Partnership Affiliate and shall will survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 3 contracts
Samples: Underwriting Agreement (Royal Caribbean Cruises LTD), Underwriting Agreement (Royal Caribbean Cruises LTD), Underwriting Agreement (Royal Caribbean Cruises LTD)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or the applicable Terms any Term Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of the Underwritten of, and payment for, any Securities to the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Boston Scientific Corp), Underwriting Agreement (Boston Scientific Corp), Underwriting Agreement (Boston Scientific Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Price Determination Agreement, or contained in certificates of the officers of the Company Publishing or the Operating Partnership Guarantor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Underwriters or controlling person, or by or on behalf of the Company Publishing or the Operating Partnership Guarantor, and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 3 contracts
Samples: Purchase Agreement (Hollinger International Inc), Purchase Agreement (Hollinger International Inc), Purchase Agreement (Hollinger International Publishing Inc)
Representations, Warranties and Agreements to Survive Delivery. All The respective indemnities, agreements, representations, warranties warranties, and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company and the Underwriter and the undertakings set forth in or the Operating Partnership submitted made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling personthe Underwriter, the Company, or by any of its officers or on behalf of the Company directors or the Operating Partnership any controlling person and shall will survive delivery of and payment of the Underwritten Securities to Units and the Underwriterstermination of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (SCNV Acquisition Corp), Underwriting Agreement (Trans Global Services Inc), Underwriting Agreement (SCNV Acquisition Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or authorized representatives of the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 3 contracts
Samples: Underwriting Agreement (Reckson Associates Realty Corp), Underwriting Agreement (Reckson Operating Partnership Lp), Underwriting Agreement (Reckson Operating Partnership Lp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers or other representatives of the officers of Operating Partnership or the Company or the Operating Partnership any of their respective subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company Operating Partnership or the Operating Partnership Company, and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 3 contracts
Samples: Purchase Agreement (Plum Creek Timber Co Inc), Purchase Agreement (Plum Creek Timber Co Inc), Purchase Agreement (Plum Creek Timber Co Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company, on behalf of the Company or and as general partner of the Operating Partnership Partnership, submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by or on behalf of the Company or Company, the Operating Partnership or any controlling person, and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership)
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained other statements of the Company, its officers set forth in or made pursuant to this Agreement or the applicable Terms Agreement and any Delayed Delivery Contract and the indemnities of the Underwriters set forth in this Agreement will remain operative and in full force and effect regardless of any termination of this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Company, or any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership person and shall will survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 3 contracts
Samples: Underwriting Agreement (Royal Caribbean Cruises LTD), Underwriting Agreement (Royal Caribbean Cruises LTD), Underwriting Agreement (Royal Caribbean Cruises LTD)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Manager or any Underwriter of its Affiliates or selling agents, any person controlling personthe Manager or its officers or directors, or by or on behalf of the Company or any person controlling the Operating Partnership Company, and shall survive delivery of the Underwritten Securities to the UnderwritersManager and shall survive delivery and acceptance of the Securities and payment therefor or any termination of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or and 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 termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Underwriting Agreement (Beacon Properties L P), Underwriting Agreement (Beacon Properties Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement of the Company and the Operating Partnership or the applicable Terms Agreement, or contained in certificates of the officers of the Company or Company, including those on behalf of the Operating Partnership Partnership, submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or 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 or the Operating Partnership Partnership, and shall survive each delivery of and payment for any of the Underwritten Securities to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Distribution Agreement (UDR, Inc.), Distribution Agreement (UDR, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this these Underwriting Agreement Standard Provisions or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or the Operating Partnership any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, as of their date, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Terms Agreement (Suncor Energy Inc), Terms Agreement (Suncor Energy Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or the applicable Terms any Term Agreement, or contained in certificates of the officers of the Company Issuer or the Operating Partnership Company submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter or Underwriter, controlling person, or by or on behalf of the Company person or the Operating Partnership Issuer or the Company, and shall survive delivery of the Underwritten of, and payment for, any Securities to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Boston Scientific Corp), Underwriting Agreement (Boston Scientific Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company Post GP or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, Agreement or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or Post GP and the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Debt Securities Purchase Agreement (Post Apartment Homes Lp), Debt Securities Purchase Agreement (Post Apartment Homes Lp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or (including, without limitation, the applicable Terms Agreementprovisions of Sections 7 and 8 hereof), or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter, any officer or director of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of and payment for any of the Underwritten Securities to the UnderwritersNotes.
Appears in 2 contracts
Samples: Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or authorized representatives of the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Underwriting Agreement (Mills Corp), Underwriting Agreement (Mills Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Carramerica Realty Corp), Underwriting Agreement (Carramerica Realty Corp)
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or Partnership Entities and the Operating Partnership Selling Unitholders submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company Partnership Entities or the Operating Partnership Selling Unitholders, and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (QR Energy, LP), Underwriting Agreement (QR Energy, LP)
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company or the Operating Partnership submitted its officers set forth in or made pursuant hereto, to this Agreement shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Company, or any officer or director or controlling person of the Company or any Underwriter or controlling person, or by or on behalf person of the Company Underwriter, and with respect to an Underwriter or the Operating Partnership and shall Company will survive delivery of and payment for the Underwritten Securities to the Underwritersor any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Compudyne Corp), Underwriting Agreement (Compudyne Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of Trustees of the Trust or officers of the Company or the Operating Partnership submitted pursuant heretoto this Agreement, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, person thereof or by or on behalf of the Company Trust or the Operating Partnership Company, and shall survive delivery of the Underwritten Securities to the UnderwritersUnderwriters pursuant to this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Semco Energy Inc), Underwriting Agreement (Cox Communications Inc /De/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, including indemnity and contribution agreements, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms this Agreement, or any investigation made by or on behalf of any the Underwriter or any person controlling person, or the Underwriter by or on behalf of the Company Company, its officers or the Operating Partnership directors, and shall survive delivery of acceptance and payment for the Underwritten Securities to the UnderwritersOffered Certificates hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Provident Bank), Underwriting Agreement (Headlands Mortgage Securities Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Underwriters or any Underwriter or controlling personperson of the Underwriter, or by or on behalf of the Company or the Operating Partnership Company, and shall survive each delivery of and payment for any of the Underwritten Securities to Securities. The provisions of Section 7, 8 and 9 hereof shall survive the Underwriterstermination or cancellation of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Amerco /Nv/), Underwriting Agreement (Amerco /Nv/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of the officers of the Company or and the Operating Partnership Originators submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter of the Underwriters or any controlling personperson thereof, or by or on behalf of the Company or and the Operating Partnership Originators, and shall survive delivery of the Underwritten Securities Certificates to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Money Store Home Equity Corp), 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 the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company or the Operating Partnership submitted or officers of the Company set forth in or made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Company, the Partnership or any Underwriter or controlling person, with respect to an Underwriter or by or on behalf of the Company or the Operating Partnership Partnership, and shall will survive delivery of and payment for the Underwritten Securities to the UnderwritersShares or termination of this Agreement for a period of two (2) years.
Appears in 2 contracts
Samples: Underwriting Agreement (Mid America Apartment Communities Inc), Underwriting Agreement (Mid America Apartment Communities Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements (including, without limitation, indemnities and rights to contribution) contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company Corporation or the Operating Partnership Guarantor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, this Agreement or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Corporation or the Operating Partnership Guarantor, and shall survive each delivery of and payment for any of the Underwritten Securities to the UnderwritersNotes.
Appears in 2 contracts
Samples: Underwriting Agreement (Crown in Right of New South Wales), Underwriting Agreement (Crown in Right of New South Wales)
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained other statements of the Company, its officers set forth in or made pursuant to this Agreement or the applicable Terms Agreement and any Delayed Delivery Contract and the indemnities of the Underwriters set forth in this Agreement will remain operative and in full force and effect regardless of any termination of this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Company, or any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership person and shall will survive delivery of and payment for the Underwritten Securities to the UnderwritersShares.
Appears in 2 contracts
Samples: Underwriting Agreement (Royal Caribbean Cruises LTD), Underwriting Agreement (Royal Caribbean Cruises LTD)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained con tained in this Agreement or the applicable any Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant heretohere to, shall remain operative and in full force and effect, regardless regard less of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive each delivery of and payment for any of the Underwritten Securities to the UnderwritersOffered Securities.
Appears in 1 contract
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 the officers of the Company or the Operating Partnership and the Company submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any termination of this Underwriting Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Operating Partnership or the Operating Partnership Company, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Tanger Properties LTD Partnership /Nc/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of the Underwritten Securities to the UnderwritersUnderwriter.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of the Underwritten any 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 the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of the Underwritten 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 the applicable Terms Agreement, or contained in certificates of the officers of the Company, on behalf of the Company or and as general partner of the Operating Partnership Partnership, submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by or on behalf of the Company or Company, the Operating Partnership or any controlling person, and shall survive delivery of the Underwritten Securities Shares to the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Equity Office Properties Trust)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers or other representatives of the officers of Operating Partnership or the Company or the Operating Partnership any of their respective subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any the Underwriter or controlling person, or by or on behalf of the Company Operating Partnership or the Operating Partnership Company, and shall survive delivery of the Underwritten Securities to the UnderwritersUnderwriter.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained other statements of the Company, Holdings, the Underwriters and their respective officers set forth in or made pursuant to this Agreement or the applicable and any Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, Agreement shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Company, Holdings or any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership person and shall survive delivery of any payment for the Underwritten Securities to Securities. The provisions of Sections 4, 7 and 8 hereof shall survive the Underwriterstermination or cancellation of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Partners First Credit Card Master Trust)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company Operating Partnership or authorized representatives of the Operating Partnership or the General Partners submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Initial Purchaser or any controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or of the Operating Partnership Seller submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms this Agreement, or any investigation made by or on behalf of any each Underwriter or controlling personperson thereof, or by or on behalf of the Company or and the Operating Partnership Seller and shall survive delivery of the Underwritten Securities any Certificates to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Conseco Finance Securitizations Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or Company, as general partner of the Operating Partnership Partnership, submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Reckson Operating Partnership Lp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or and the Operating Partnership or any of their respective subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Underwriting Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Underwriting Agreement, or the applicable Terms Agreement, Agreement or any investigation made by or on behalf of the Underwriters or any Underwriter or controlling personperson thereof, or by or on behalf of the Company Company, its officers or the Operating Partnership directors and shall survive delivery of the Underwritten any Securities to the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Merrill Lynch Mort Inv Fieldstone Mort Inv Tr Ser 2004-1)
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 the officers of the Company or the Operating Partnership any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities. 21 SECTION 9.
Appears in 1 contract
Samples: Underwriting Agreement (Telephone & Data Systems Inc /De/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agreements, including indemnity and contribution provisions, contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or and the Operating Partnership Subsidiary Guarantors submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Underwriter, the QIU or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive the termination of this Agreement and the delivery of the Underwritten 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 the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company or the Operating Partnership submitted or their respective 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 termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Company or any Underwriter or controlling person, with respect to an Underwriter or by or on behalf of the Company or the Operating Partnership Partnership, and shall will survive delivery of and payment for the Underwritten Securities to the UnderwritersShares or termination of this Agreement.
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 the applicable Terms Agreement, or contained in certificates of the officers other statements of the Company and its officers set forth in or made pursuant to this Agreement and the Operating Partnership submitted pursuant hereto, agreements of the Underwriters contained in Section 7 hereof shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter the Company or controlling personpersons of the Company, or by or on behalf of the Company Underwriters or the Operating Partnership controlling persons of any Underwriters or any termination or cancellation of this Agreement and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersShares.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, including indemnity and contribution agreements, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms this Agreement, or any investigation made by or on behalf of any Underwriter or any person controlling person, or any Underwriter by or on behalf of the Company Company, the Subsidiary Guarantors, the officers or directors of the Operating Partnership Company, and shall survive delivery of acceptance and payment for the Underwritten Securities to the Underwritershereunder.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, covenants and agreements of the Company herein or in certificates delivered pursuant hereto, and the indemnity and contribution agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant heretoSection 8, shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership any of its officers, directors or controlling persons, and shall survive the delivery of the Underwritten Securities Shares to the Underwritersseveral Underwriters hereunder or termination of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Lason Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms this Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of the Underwritten Securities Notes to the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Duke Realty Limited Partnership/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the executive officers of the Company or Lex GP, as the general partner of the Operating Partnership submitted pursuant heretoPartnerships, or any of the Subsidiaries, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Underwriters or controlling person, or by or on behalf of the Company or the Operating Partnership Partnerships and shall survive delivery of the Underwritten 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 the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of the Underwritten Securities to the UnderwritersUnderwriters and shall survive the termination of this Agreement.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agreements, including indemnity and contribution provisions, contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or and the Operating Partnership Subsidiary Guarantors submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any the Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive the termination of this Agreement and the delivery of the Underwritten Securities to the UnderwritersUnderwriter.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers authorized representatives of the Company or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Partnership, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Reckson Operating Partnership Lp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or Company, the Operating Partnership or the Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any the Underwriter or controlling person, or by or on behalf of the Company or Company, the Operating Partnership or any Selling Shareholder, and shall survive delivery of the Underwritten Securities to the UnderwritersUnderwriter.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained other statements of the Company, Holdings, the Underwriters and their respective officers set forth in or made pursuant to this Agreement or the applicable and any Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, Agreement shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of the Company, Holdings or any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership person and shall survive delivery of any payment for the Underwritten Securities to Certificates. The provisions of Sections 4, 7 and 8 hereof shall survive the Underwriterstermination or cancellation of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Partners First Receivables Funding Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company or any of its subsidiaries or the Operating Partnership Selling Shareholders submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership Selling Shareholders, and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (American Axle & Manufacturing Holdings Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and indemnity and contribution agreements contained in this Amended and Restated Underwriting Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms this Amended and Restated Underwriting Agreement, or any investigation made by or on behalf of any Underwriter the Underwriters or controlling person, or by or on behalf of the Company or the Operating Partnership Company, and shall survive delivery of the Underwritten Securities Senior Notes to the Underwriters.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company or the Operating Partnership CarrAmerica L.P. and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of the officers of the Company Operating Partnership or the General Partners or authorized representatives of each of the Operating Partnership or the General Partners submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company Operating Partnership or the Operating Partnership General Partners, and shall survive delivery of and payment for the Underwritten Securities to the UnderwritersSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Simon Property Group L P /De/)