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

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 69 contracts

Samples: At the Market Equity Offering Sales Agreement (Arcellx, Inc.), At the Market Equity Offering Sales Agreement (ClearPoint Neuro, Inc.), Capital on Demand Sales Agreement (MEI Pharma, Inc.)

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Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentManager, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Manager or any controlling person of the AgentManager, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 15 contracts

Samples: Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or its Principal Stockholders, where appropriate, and the Agent, as undertakings set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Underwriter, the Company or any of its officers or directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall will survive delivery of and payment for of the SharesUnits and the termination of this Agreement.

Appears in 15 contracts

Samples: Underwriting Agreement (Heuristic Development Group Inc), Underwriting Agreement (Piranha Interactive Publishing Inc), Underwriting Agreement (Notify Corp)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Operating Partnership and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the CompanyCompany or the Operating Partnership, or any officer or director of the Company or controlling person of the CompanyCompany or the Operating Partnership, and shall survive delivery of and payment for the Shares.

Appears in 12 contracts

Samples: Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or any controlling person of the AgentAgents, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 12 contracts

Samples: At the Market Equity Distribution Agreement (TMC the Metals Co Inc.), At the Market Equity Distribution Agreement (W&t Offshore Inc), At the Market Equity Offering Sales Agreement (Angion Biomedica Corp.)

Representations, Warranties and Agreements to Survive Delivery. The respective representations, warranties, indemnities, agreements, representations, warranties agreements and other statements of the Company and the Agent, as Operating Partnership and of the Sales Agent set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, 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 the Sales Agent or any controlling person person, or by or on behalf of the Agent, or Company and the Company, or any officer or director or controlling person of the CompanyOperating Partnership, and shall survive delivery of and payment for the SharesSecurities to the Sales Agent.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Operating Partnership and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or the Operating Partnership or any officer or director or controlling person of the CompanyCompany or the Operating Partnership, and shall survive delivery of and payment for the Shares.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Highwoods Realty LTD Partnership), Equity Distribution Agreement (Highwoods Realty LTD Partnership), Equity Distribution Agreement (Highwoods Realty LTD Partnership)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or any controlling person of the each Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 8 contracts

Samples: Atm Equity Offering Sales Agreement (Acadia Realty Trust), Atm Equity Offering Sales Agreement (Acadia Realty Trust), Atm Equity Offering Sales Agreement (Acadia Realty Trust)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or its Principal Stockholders, where appropriate, and the Agent, as undertakings set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Underwriters, the Company or any of its officers or directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall will survive delivery of and payment for of the SharesUnits and the termination of this Agreement.

Appears in 7 contracts

Samples: Underwriting Agreement (Tekgraf Inc), Underwriting Agreement (Tekgraf Inc), Underwriting Agreement (Marquee Group Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, All representations, warranties and other statements of the Company and the Agent, as set forth agreements contained in this Agreement or made by in certificates of officers of the Company, the Operating Partnership, the Advisor or on behalf any of them, respectively, their respective subsidiaries submitted pursuant to this Agreementhereto, 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 the Agent or its Affiliates or selling agents, any person controlling person of the AgentAgent or its officers or directors, or by or on behalf of the Company, the Operating Partnership or the Advisor or any officer or director or person controlling person of the Company, the Operating Partnership or the Advisor, and shall survive delivery of and payment for the SharesSecurities to the Agent.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director of the Company or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 4 contracts

Samples: Equity Offering Sales Agreement (PARTS iD, Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offering Sales Agreement (One Liberty Properties Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or any controlling person of the an Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Pulse Biosciences, Inc.), At the Market Equity Offering Sales Agreement (Xenon Pharmaceuticals Inc.), At the Market Equity Offering Sales Agreement (Xenon Pharmaceuticals Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or any controlling person of the either Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 4 contracts

Samples: At the Market Equity Offering Sales Agreement (MEI Pharma, Inc.), Atm Equity Offering Sales Agreement (Home Properties Inc), Atm Equity Offering Sales Agreement (Home Properties Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Partnership and the Agent, as set forth in this Sales Agreement or made by or on behalf of them, respectively, pursuant to this Sales Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the CompanyPartnership, or any officer or director or controlling person of the CompanyPartnership, and shall survive delivery of and payment for the SharesCommon Units.

Appears in 4 contracts

Samples: Continuous Offering Program Sales Agreement (Navios Maritime Partners L.P.), Continuous Offering Program Sales Agreement (Navios Maritime Partners L.P.), Continuous Offering Program Sales Agreement (Navios Maritime Partners L.P.)

Representations, Warranties and Agreements to Survive Delivery. The respective representations, warranties, indemnities, agreements, representations, warranties agreements and other statements of the Company or its officers, directors, employees and agents, and of the AgentAgent or its officers, as directors, employees and agents, set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall will remain operative and in full force and effect, effect regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Companyrespectively, and shall will survive delivery of and payment for the Shares.

Appears in 3 contracts

Samples: Sales Agency Agreement (PSB Bancgroup Inc), Sales Agent Agreement (First Community Bank Corp of America), Sales Agency Agreement (PSB Bancgroup Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Agent and the AgentForward Purchaser, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent and the Forward Purchaser or any controlling person of the AgentAgent and the Forward Purchaser, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Affiliated Managers Group, Inc.), Equity Distribution Agreement (Affiliated Managers Group, Inc.), Equity Distribution Agreement (Affiliated Managers Group, Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the an Agent or any controlling person of the such Agent, or the Company, or any officer or director of the Company or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 3 contracts

Samples: Equity Offering Sales Agreement (HyreCar Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offering Sales Agreement (One Liberty Properties Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Operating Partnership and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or any controlling person of the an Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 3 contracts

Samples: At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp), At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp), At the Market Equity Offering Sales Agreement (Gladstone Commercial Corp)

Representations, Warranties and Agreements to Survive Delivery. The respective representations, warranties, indemnities, agreements, representations, warranties agreements and other statements of the Company or its officers, directors, employees and agents, and of the AgentAgent or its officers, as directors, employees and agents, set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall will remain operative and in full force and effect, effect regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Companyrespectively, and shall will survive delivery of and payment for the SharesDebentures.

Appears in 2 contracts

Samples: Sales Agent Agreement (Florida Savings Bancorp Inc), Sales Agent Agreement (Florida Savings Bancorp Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentUnderwriters, as set forth in this Agreement and the Pricing Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Underwriters or any controlling person of the AgentUnderwriters, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Brookdale Living Communities Inc), Underwriting Agreement (Brookdale Living Communities Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, covenants, conditions, warranties and other statements of the Company and the Agent, as Placement Agent set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Placement Agent, the Company or any of their officers or directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall will survive delivery of and payment for the SharesPreferred Shares and the termination of this Agreement.

Appears in 2 contracts

Samples: Placement Agent Agreement (Solomon Technologies Inc), Placement Agent Agreement (Solomon Technologies Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or its Existing Shareholders, where appropriate, and the Agentyou, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, effect regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Underwriters, the Company or any of its officers or directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, persons and shall will survive delivery of and payment for the SharesUnits and the termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Ontro Inc), Underwriting Agreement (Newcom Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and of the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents, the Forward Purchasers or any of their officers, directors or controlling person of the Agentperson, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Atm Equity Offering Sales Agreement (Acadia Realty Trust), Atm Equity Offering Sales Agreement (Acadia Realty Trust)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Agent, as set forth in this Sales Agreement or made by or on behalf of them, respectively, pursuant to this Sales Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Continuous Offering Program Sales Agreement (Navios Maritime Acquisition CORP), Continuous Offering Program Sales Agreement (Navios Maritime Acquisition CORP)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers, directors, stockholders or Principal Stockholders, where appropriate, and the Agent, as undertakings set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Underwriters, the Company or any of its officers or directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall will survive delivery of and payment for of the SharesUnits and the termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Careflow Net Inc), Underwriting Agreement (Healthcore Medical Solutions Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective representations, warranties, indemnities, agreements, representations, warranties agreements and other statements of the Company or its officers, directors, employees and agents, and of the AgentAgent or its officers, as directors, employees and agents, set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall will remain operative and in full force and effect, effect regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Companyrespectively, and shall will survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Sales Agent Agreement (FPB Bancorp Inc), Sales Agent Agreement (Federal Trust Corp)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Trust and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the CompanyTrust, or any officer or director trustee or controlling person of the CompanyTrust, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust), Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or any controlling person of the any Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Atm Equity Offering Sales Agreement (Home Properties Inc), Atm Equity Offering Sales Agreement (Home Properties Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Manager or their respective officers and of the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Atm Equity Offering Sales Agreement (Starwood Property Trust, Inc.), Atm Equity Offering Sales Agreement (Starwood Property Trust, Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Adviser, the Administrator and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: At the Market Equity Offering Sales Agreement (Fifth Street Finance Corp.), At the Market Equity Offering Sales Agreement (Fifth Street Finance Corp)

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Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of, and regardless of any access to information by, the Agent Company or the Placement Agent, or any of their officers or Directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Companythereof, and shall will survive delivery the sale of and payment for the Shares.

Appears in 2 contracts

Samples: Placement Agency Agreement (Circle Group Internet Inc), Placement Agency Agreement (Peregrine Industries Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Adviser, the Administrator and the AgentPlacement Agents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Placement Agents or any controlling person of the AgentPlacement Agents, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the SharesSecurities.

Appears in 1 contract

Samples: Equity Distribution Agreement (Oaktree Specialty Lending Corp)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or the Selling Shareholder, where appropriate, and the Agentyou, as set forth in or made pursuant to this Agreement or will remain in full force and effect regardless of any investigation made by or on behalf of themyou, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (the Company or any statement as to the results thereof) made by of its officers or on behalf of the Agent directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, persons and shall will survive delivery of and payment for the SharesShares and the termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Team Communication Group Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: At the Market Equity Offering Sales Agreement (Endologix Inc /De/)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or its Existing Shareholders, where appropriate, and the Agentyou, as set forth in or made pursuant to this Agreement or will remain in full force and effect regardless of any investigation made by or on behalf of themyou, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (the Company or any statement as to the results thereof) made by of its officers or on behalf of the Agent directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, persons and shall will survive delivery of and payment for the SharesShares and the termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Votan Corp)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Placement Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Placement Agent or the Company or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Companyperson, and shall will survive delivery of and payment for the SharesNotes.

Appears in 1 contract

Samples: Placement Agreement (Royal Aloha Development Co)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Operating Partnership and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the CompanyCompany or the Operating Partnership, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (CapLease, Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, covenants, conditions, warranties and other statements of the Company and/or its officers and/or directors, where appropriate, and the Agent, as Selling Agent set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Selling Agent, the Company or any of its officers or directors or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall will survive delivery of and payment for the SharesUnits and the termination of this Agreement.

Appears in 1 contract

Samples: Selling Agent Agreement (Dickie Walker Marine Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Bank of America Corp /De/)

Representations, Warranties and Agreements to Survive Delivery. The respective representations, warranties, indemnities, agreements, representations, warranties agreements and other statements of the Company and the Agent, as Operating Partnership and of the Sales Agents set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, 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 the Agent Sales Agents or any controlling person person, or by or on behalf of the Agent, or Company and the Company, or any officer or director or controlling person of the CompanyOperating Partnership, and shall survive delivery of and payment for the SharesSecurities to the Sales Agents.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective representations, warranties, indemnities, agreements, representations, warranties agreements and other statements of the Company Company, the Guarantor and their respective officers and of the Agent, as Initial Purchasers set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain operative and in full force and effect, effect regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Company, the Guarantor, the Initial Purchasers or any controlling person of the Agent, or the Company, or any officer or director or controlling person of the Company, thereof and shall will survive delivery of and payment for the SharesSecurities.

Appears in 1 contract

Samples: Purchase Agreement (Anntaylor Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective representations, warranties, indemnities, agreements, representations, warranties agreements and other statements of the Company and the Agent, as Operating Partnership and of the Sales Agents and the Forward Purchasers set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, 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 the Agent Sales Agents or any the Forward Purchasers or controlling person person, or by or on behalf of the Agent, or Company and the Company, or any officer or director or controlling person of the CompanyOperating Partnership, and shall survive delivery of the Placement Securities to the Sales Agents and payment for the SharesForward Purchasers.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage LP)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Guarantors, their respective officers and the Agent, as several Initial Purchasers set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will 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 Initial Purchaser, the Agent Company, any Guarantor or any of their partners, officers or directors or any controlling person of person, as the Agent, or the Company, or any officer or director or controlling person of the Companycase may be, and shall will survive delivery of and payment for the SharesSecurities sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Ruby Tuesday Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, agreements representations, warranties and other statements of the Company Company, the Company's officers, directors and the Agentagreements, as covenants and undertakings of the parties hereto set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall Agreement will remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agentseveral Underwriters, or the Company, or any officer of their respective officers, directors or director or any controlling person of the Companyperson, and shall will survive delivery of and payment for of the SharesSecurities and the termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Baltia Air Lines Inc)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the Company, or any officer or director trust manager or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and the AgentAgents and the Forward Purchasers, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement and any Confirmation or Terms Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent Agents or Forward Purchasers or any controlling person of the Agentany Agent or Forward Purchaser, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: Atm Sales Agreement (UDR, Inc.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company and of the AgentAgents and the Forward Purchasers, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent any Agent, any Forward Purchaser or any of their officers, directors or controlling person of the Agentperson, or the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Acadia Realty Trust)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Partnership Parties and the AgentAgents, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the either Agent or any controlling person of the either Agent, or the CompanyPartnership Parties, or any officer or director or controlling person of any of the CompanyPartnership Entitles, and shall survive delivery of and payment for the SharesOffered Units.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (PVR Partners, L. P.)

Representations, Warranties and Agreements to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company Trust, the Advisor and the Agent, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of the Agent or any controlling person of the Agent, or the CompanyTrust or the Advisor, or any officer or director trustee or controlling person of the CompanyTrust or the Advisor, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)

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