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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Transaction Entities or any of their subsidiaries party hereto submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of Placement Agent of, the Selling Agent, the Manager or controlling person, or by or on behalf any person who controls any of the Transaction Entities, foregoing and shall survive delivery the Initial and each Additional Closing Time in the form restated and reaffirmed as of the Securities to Placement Agenteach such closing time.

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

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

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

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

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

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Transaction Entities or any of their subsidiaries party hereto submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of Placement Agent or controlling personof, the Selling Agent, the General Partner, the Fund, or by or on behalf any person who controls any of the Transaction Entitiesforegoing, and shall survive delivery of the Securities to Placement AgentClosing Dates.

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Transaction Entities or any of their subsidiaries party hereto submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of Placement Agent of, the Selling Agent, the Sponsor or controlling person, or by or on behalf any person who controls any of the Transaction Entities, foregoing and shall survive delivery the Initial and each Additional Closing Time in the form restated and reaffirmed as of the Securities to Placement Agenteach such closing time.

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

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities Company, the Operating Partnership, the Manager or any of their respective subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Placement Agent Agents or controlling person, or by or on behalf of the Transaction EntitiesCompany, the Operating Partnership or the Manager, and shall survive delivery of the Securities to the Placement AgentAgents.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities or any of their subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent the Agents or any controlling personperson of an Agent, or by or on behalf of the Transaction relevant Trust or the Principal Entities, and shall survive each delivery of and payment for the Securities to Placement AgentNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities or any of their its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent the Agents, the Forward Purchasers and the Forward Sellers or controlling person, or by or on behalf of the Transaction EntitiesCompany, and shall survive delivery of the Securities to Placement Agentthe Agents, the Forward Purchasers and the Forward Sellers.

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

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

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

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

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities Company, the Operating Partnership or any subsidiary of their subsidiaries the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement the Agent or its Affiliates or selling agents, any person controlling personthe Agent or its officers or directors, or by or on behalf of the Transaction EntitiesCompany or the Operating Partnership or any person controlling the Company or the Operating Partnership, and shall survive delivery of the Securities to Placement the Agent.

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

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

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

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

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities Company, the Operating Partnership or any of their subsidiaries subsidiary submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent the Agents or controlling person, or by or on behalf of the Transaction EntitiesCompany, the Operating Partnership or any subsidiary and shall survive delivery of the Securities to Placement Agentthe Agents.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Transaction Entities or any of their subsidiaries party hereto submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of Placement Agent or controlling personof, the Selling Agent, the Correspondent Selling Agent, the Managing Owner, the Trust, or by or on behalf any person who controls any of the Transaction Entitiesforegoing, and shall survive delivery of the Securities to Placement AgentClosing Times.

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

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

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities Fund, the Advisers or any of their subsidiaries the Distributor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent the Dealer or controlling person, or by or on behalf of the Transaction EntitiesFund, the Advisers or the Distributor and shall survive delivery of the Securities to Placement Agentthe Dealer or its customers.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement and the Registration Agreement, or contained in certificates of officers of the Transaction Propane Entities or any of their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent Xxxxxxx Xxxxx or any controlling person, or by or on behalf of the Transaction EntitiesPartnership, and shall survive delivery of and payment for the Securities to Placement AgentUnits.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities or any of their subsidiaries Company submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent the Agents or controlling personany con- trolling person of an Agent, or by or on behalf of the Transaction EntitiesCompany, and shall survive each delivery of and payment for any of the Securities to Placement AgentNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Transaction Entities Trust or any of their subsidiaries the Investment Manager submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent the Dealer Managers or any controlling person, or by or on behalf of the Transaction Entities, Trust or the Investment Manager and shall survive delivery of the Securities Shares pursuant to Placement Agentthe Offer.

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Transaction Entities or any of their subsidiaries party hereto submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of Placement Agent or controlling personof, the Selling Agent, the Correspondent Selling Agent, the Managing Owner, the Trust, or by or on behalf any person who controls any of the Transaction Entitiesforegoing, and shall survive delivery of the Securities to Placement AgentClosing Times (as defined in the Memorandum).

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities or any of their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Placement Agent or controlling person, or by or on behalf of the Transaction EntitiesCompany or the Operating Partnership, and shall survive delivery of the Securities to Placement Agentthe Fund.

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

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

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

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities Company or any of their its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Placement Agent or Placements Agents, as the case may be, or respective controlling person, or by or on behalf of the Transaction EntitiesCompany, and shall survive delivery of the Securities to the Selected Placement Agent.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Placement Agent Agreement, or contained in certificates of officers of the Transaction Entities or any of their subsidiaries Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent Xxxxxx or any controlling person, or by or on behalf of the Transaction EntitiesCompany or any controlling person, director or officer of the Company, and shall survive delivery of the Securities Shares to Placement Agentthe Purchasers.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities Fund, the Advisers or any of their subsidiaries the Distributor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent any Dealer or controlling person, or by or on behalf of the Transaction EntitiesFund, the Advisers or the Distributor and shall survive delivery of the Securities to Placement Agentany Dealer or its customers.

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Transaction Entities or any of their subsidiaries party hereto submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of Placement Agent of, the Selling Agent, the Managing Owner, the Trust or controlling person, or by or on behalf any person who controls any of the Transaction Entities, and shall survive delivery of the Securities to Placement Agentforegoing.

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Transaction Entities or any of their subsidiaries party hereto submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of Placement Agent of, the Managing Owner, the Trust, JWH or controlling person, or by or on behalf any person who controls any of the Transaction Entities, and shall survive delivery of the Securities to Placement Agentforegoing.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities Company or any of their subsidiaries its Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement Agent the Agents or a controlling personperson of any Agent, or by or on behalf of the Transaction EntitiesCompany, and shall survive delivery of the Placement Securities to Placement Agentthe Agents.

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities or any of their subsidiaries Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of Placement the Agent or controlling personany person who controls the Agent within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, or by or on behalf of the Transaction Entities, Company and shall survive delivery of the Securities Shares to Placement the Agent.

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

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

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Transaction Entities or any Company authorized representatives of their subsidiaries the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Placement Agent or controlling person, or by or on behalf of the Transaction EntitiesCompany or the Operating Partnership, and shall survive delivery of the Securities to Placement Agentthe Fund.

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