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

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 289 contracts

Samples: Underwriting Agreement (Verisk Analytics, Inc.), Underwriting Agreement (Tarsus Pharmaceuticals, Inc.), Underwriting Agreement (Caribou Biosciences, Inc.)

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Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 129 contracts

Samples: Underwriting Agreement (Evolus, Inc.), Underwriting Agreement (Acumen Pharmaceuticals, Inc.), Underwriting Agreement (Celcuity Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company Company, and (ii) delivery of and payment for the Securities.

Appears in 104 contracts

Samples: Underwriting Agreement (Tyson Foods, Inc.), Purchase Agreement (Orange), Purchase Agreement (Puget Sound Energy Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 68 contracts

Samples: Underwriting Agreement (Arhaus, Inc.), Underwriting Agreement (Granite Ridge Resources, Inc.), Underwriting Agreement (Arhaus, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 67 contracts

Samples: Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Catalyst Pharmaceuticals, Inc.), Underwriting Agreement (Longboard Pharmaceuticals, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 62 contracts

Samples: Underwriting Agreement (Bowman Consulting Group Ltd.), Underwriting Agreement (MeridianLink, Inc.), Underwriting Agreement (Purple Innovation, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 49 contracts

Samples: Moonlake Immunotherapeutics (MoonLake Immunotherapeutics), Underwriting Agreement (Gain Therapeutics, Inc.), Underwriting Agreement (Clarus Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 30 contracts

Samples: Underwriting Agreement (Sachem Capital Corp.), Underwriting Agreement (Chicken Soup for the Soul Entertainment, Inc.), Underwriting Agreement (Sachem Capital Corp.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 30 contracts

Samples: Underwriting Agreement (Perspective Therapeutics, Inc.), Underwriting Agreement (Azz Inc), Underwriting Agreement (Augmedix, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or Company, any of its subsidiaries the Subsidiaries, the Adviser and the Administrator submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 30 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or Company, any of its subsidiaries the Subsidiaries, the Adviser and the Administrator submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Underwritten Securities.

Appears in 29 contracts

Samples: Administration Agreement (Ares Capital Corp), Administration Agreement (Ares Capital Corp), Administration Agreement (Ares Capital Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 29 contracts

Samples: Underwriting Agreement (Janux Therapeutics, Inc.), Underwriting Agreement (Janux Therapeutics, Inc.), Underwriting Agreement (Geron Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 23 contracts

Samples: Underwriting Agreement (TORM PLC), Underwriting Agreement (Oaktree Capital Group Holdings GP, LLC), Underwriting Agreement (TTEC Holdings, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or the Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 21 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 21 contracts

Samples: Underwriting Agreement (AutoGenomics, Inc.), Underwriting Agreement (AutoGenomics, Inc.), Underwriting Agreement (Arqule Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors and directors, or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 20 contracts

Samples: Underwriting Agreement (ExOne Co), Underwriting Agreement (Leaf Group Ltd.), Underwriting Agreement (Aytu Biopharma, Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates Affiliates, officers, directors and or selling agents, any person controlling any Underwriter, its Underwriter or the Company’s officers or directors or any person controlling the Company and (ii) delivery of and payment for the SecuritiesNotes.

Appears in 20 contracts

Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Globe Life Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Transaction Entities or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 17 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 16 contracts

Samples: Underwriting Agreement (MP Materials Corp. / DE), Underwriting Agreement (Ncino, Inc.), Underwriting Agreement (Axonics Modulation Technologies, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company Company, and (ii) delivery of and payment for the SecuritiesShares.

Appears in 16 contracts

Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)

Representations, Warranties and Agreements to Survive. All of the respective representations, warranties and agreements of the Company and the several Underwriters contained in this Agreement Agreement, or in certificates of officers of the Company or any of its subsidiaries submitted delivered pursuant heretoto this Agreement, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any controlling person controlling of any Underwriter, its officers or directors by or on behalf of the Company, or any director, officer or controlling person controlling of the Company Company, and (ii) shall survive delivery of and payment for the Securities.

Appears in 16 contracts

Samples: Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter an Agent or its Affiliates or Affiliates, selling agents, officers or directors or any person controlling any Underwritersuch Agent, or the Company or its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Appears in 16 contracts

Samples: Sales Agreement (Phillips Edison & Company, Inc.), Terms Agreement (Digital Realty Trust, L.P.), Equity Offeringsm Sales Agreement (Mineralys Therapeutics, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or Company, any of its subsidiaries the Subsidiaries or the Adviser submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 15 contracts

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Stockholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 15 contracts

Samples: Underwriting Agreement (Kinetik Holdings Inc.), Underwriting Agreement (Kinetik Holdings Inc.), Underwriting Agreement (J.Jill, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter Initial Purchaser or its Affiliates or selling agents, any person controlling any UnderwriterInitial Purchaser, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 15 contracts

Samples: Purchase Agreement (Medallia, Inc.), Purchase Agreement (Harmonic Inc), Purchase Agreement (Kbr, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 15 contracts

Samples: Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.), Underwriting Agreement (JELD-WEN Holding, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Manager submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company Company, the person controlling the Manager and (ii) delivery of and payment for the Securities.

Appears in 14 contracts

Samples: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Operating Partnership submitted pursuant hereto, hereto shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors the Underwriters or any person controlling person, or by or on behalf of the Company or the Operating Partnership, and (ii) shall survive delivery of the Securities to the Underwriters and payment for shall survive the Securitiestermination of this Agreement.

Appears in 13 contracts

Samples: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter the Underwriters or its their Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Appears in 13 contracts

Samples: Underwriting Agreement (Akoustis Technologies, Inc.), Common Stock (DZS Inc.), Underwriting Agreement (Akoustis Technologies, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 12 contracts

Samples: Underwriting Agreement (Cardiodx Inc), Underwriting Agreement (Cardiodx Inc), Underwriting Agreement (Symmetry Holdings Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of either of the Company or any of its subsidiaries Transaction Entities submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, or any person controlling either of the Company Transaction Entities and (ii) delivery of and payment for the Securities.

Appears in 12 contracts

Samples: Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Community Healthcare Trust Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of any Underwriter Initial Purchaser or its Affiliates or selling agents, any person controlling any UnderwriterInitial Purchaser, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 12 contracts

Samples: Purchase Agreement (Archer Daniels Midland Co), Purchase Agreement (Aar Corp), Purchase Agreement (Aar Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter the Agent or its Affiliates or Affiliates, selling agents, officers or directors or any person controlling any Underwriterthe Agent, or the Company or its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Appears in 12 contracts

Samples: Sales Agreement (Cohen & Steers, Inc.), Terms Agreement (Irobot Corp), Equity Offeringsm Sales Agreement (REGENXBIO Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Operating Partnership or any of its their subsidiaries or the Manager submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or the Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 12 contracts

Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or the Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 11 contracts

Samples: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (ia) any investigation made by or on behalf of any Underwriter or Underwriter, its Affiliates or selling agents, agents or any person controlling any Underwritersuch Underwriter or by or on behalf of the Company, its officers or directors or any person controlling the Company Company, and (iib) delivery of and payment for the Securities.

Appears in 11 contracts

Samples: Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (MainStreet Bancshares, Inc.), Underwriting Agreement (CNB Financial Corp/Pa)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 10 contracts

Samples: Underwriting Agreement (Axonics, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Spectra Energy Corp (Spectra Energy Corp.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries THL Advisors submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling THL Advisors and (ii) delivery of and payment for the Securities.

Appears in 10 contracts

Samples: Underwriting Agreement (THL Credit, Inc.), Purchase Agreement (THL Credit, Inc.), Purchase Agreement (THL Credit, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiary submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 10 contracts

Samples: Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 10 contracts

Samples: Underwriting Agreement (Profound Medical Corp.), Underwriting Agreement (Y-mAbs Therapeutics, Inc.), Underwriting Agreement (Trillium Therapeutics Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the SecuritiesADSs.

Appears in 10 contracts

Samples: Underwriting Agreement (Kanzhun LTD), Underwriting Agreement (Atour Lifestyle Holdings LTD), Underwriting Agreement (Atour Lifestyle Holdings LTD)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its direct or indirect subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 10 contracts

Samples: Underwriting Agreement (COMSovereign Holding Corp.), Underwriting Agreement (Chicken Soup for the Soul Entertainment, Inc.), Underwriting Agreement (Chicken Soup for the Soul Entertainment, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 9 contracts

Samples: Common Stock (Reven Housing REIT, Inc.), Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (STAG Industrial, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates Affiliates, officers, directors and or selling agents, any person controlling any Underwriter, its Underwriter or the Company’s officers or directors or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Appears in 9 contracts

Samples: Underwriting Agreement (Cambridge Bancorp), Underwriting Agreement (Univest Corp of Pennsylvania), Underwriting Agreement (First Mid Illinois Bancshares Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Manager or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or the Manager, and (ii) delivery of and payment for the SecuritiesShares.

Appears in 9 contracts

Samples: Underwriting Agreement (CreXus Investment Corp.), Underwriting Agreement (Chimera Investment Corp), Underwriting Agreement (Chimera Investment Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 9 contracts

Samples: Agreement (Montrose Environmental Group, Inc.), Underwriting Agreement (89bio, Inc.), Underwriting Agreement (Medallia, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of either of the Company Transaction Entities, the Manager or any of its their respective subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, or any person controlling either of the Company Transaction Entities and (ii) delivery of and payment for the Securities.

Appears in 8 contracts

Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agentsAffiliates, any person controlling any Underwriter, its officers or directors or any person controlling the Company Company, and (ii) delivery of and payment for the Securities.

Appears in 8 contracts

Samples: Underwriting Agreement (Theravance Biopharma, Inc.), Underwriting Agreement (Theravance Biopharma, Inc.), Underwriting Agreement (Theravance Biopharma, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or any of its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Jackson Acquisition Co), Underwriting Agreement (Jackson Acquisition Co), Underwriting Agreement (Mercato Partners Acquisition Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors the Underwriters or any person controlling person, or by or on behalf of the Company or the Operating Partnership, and (ii) shall survive delivery of the Securities to the Underwriters and payment for shall survive the Securitiestermination of this Agreement.

Appears in 7 contracts

Samples: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (American Land Lease Inc), Underwriting Agreement (Lasalle Hotel Properties)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or the Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Condor Hospitality Trust, Inc.), Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Transaction Entities or any of its subsidiaries their Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (ia) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (iib) delivery of and payment for the SecuritiesShares.

Appears in 7 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Manager or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or the Manager, and (ii) delivery of and payment for the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Manager submitted pursuant hereto, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of any Underwriter the Underwriters or its their Affiliates or selling agents, any person controlling any Underwriterthe Underwriters, its their officers or directors or any person controlling the Company or the Manager and (ii) delivery of and payment for the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Manager or any of its subsidiaries Subsidiary submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company Company, and (ii) delivery of of, and payment for for, the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Purchase Agreement (Equity One, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Operating Partnership or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates Affiliates, officers, directors and or selling agents, any person controlling any Underwriter, its Underwriter or the Company’s officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (TriState Capital Holdings, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Subsidiaries or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp), Underwriting Agreement (Ryerson Holding Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Company, the Selling Shareholder or NAB submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company Company, the Selling Shareholder or NAB and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (National Australia Bank LTD), Underwriting Agreement (Great Western Bancorp, Inc.), Underwriting Agreement (National Australia Bank LTD)

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Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or Company, any of its subsidiaries or the Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (CLARIVATE PLC), Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (CLARIVATE PLC)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates controlling person, or selling agentsby or on behalf of the Company, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) shall survive delivery of and payment for the SecuritiesSecurities to the Underwriters.

Appears in 6 contracts

Samples: Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Delmarva Power & Light Co /De/)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or any person controlling the Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Convey Holding Parent, Inc.), Underwriting Agreement (Convey Holding Parent, Inc.), Underwriting Agreement (BOISE CASCADE Co)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Trust or the Operating Partnership or any of its subsidiaries Subsidiary submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company Trust or the Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Purchase Agreement (Pennsylvania Real Estate Investment Trust), Purchase Agreement (Pennsylvania Real Estate Investment Trust), Purchase Agreement (Pennsylvania Real Estate Investment Trust)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company and the Manager or any of its their respective subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter the Agents or its Affiliates or their Affiliates, selling agents, officers or directors or any person controlling any Underwriterthe Agents, or the Company or its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Appears in 6 contracts

Samples: Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or Company, any of its subsidiaries or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Hayward Holdings, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Manager or any of its their respective subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers officers, directors or directors employees, or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Claros Mortgage Trust, Inc.), Underwriting Agreement (Claros Mortgage Trust, Inc.), Underwriting Agreement (TPG RE Finance Trust, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Guarantors or any of its their subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, or any person controlling the Company or any Guarantor and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Milacron Holdings Corp.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Appears in 6 contracts

Samples: Underwriting Agreement (TreeHouse Foods, Inc.), Underwriting Agreement (Synthetic Biologics, Inc.), Underwriting Agreement (Hudson Technologies Inc /Ny)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Operating Partnership or any of its subsidiaries subsidiary of the Company submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates or letters of officers of either of the Company Transaction Entities or any of its their respective subsidiaries or the Property Manager submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, or any person controlling either of the Company Transaction Entities and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Sotherly Hotels Inc.), Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (Sotherly Hotels Lp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Agreement (Intapp, Inc.), Underwriting Agreement (Intapp, Inc.), Underwriting Agreement (Inspire Medical Systems, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Purple Innovation, Inc.), Kennedy Wilson (Kennedy-Wilson Holdings, Inc.), Underwriting Agreement (Kennedy-Wilson Holdings, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries General Partner submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company Partnership and (ii) delivery of and payment for the SecuritiesUnits.

Appears in 5 contracts

Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Akari Therapeutics PLC), Underwriting Agreement (Protagonist Therapeutics, Inc), Underwriting Agreement (Visterra, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, or any of its subsidiaries or the Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (OM Asset Management PLC), Underwriting Agreement (OM Asset Management PLC)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or any of the Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Shareholders and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Purchase Agreement (RBC Bearings INC), Purchase Agreement (RBC Bearings INC), Purchase Agreement (RBC Bearings INC)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or the Guarantor, and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Weatherford International LTD), Underwriting Agreement (Weatherford International LTD)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Manager submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or Manager and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers the Underwriter’s officers, employees or directors or any person controlling the Company Company, and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Transaction Entities or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Paramount Group, Inc.), Underwriting Agreement (Parkway Properties Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or of the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or the Company or any of its Affiliates or selling agentstheir partners, any person controlling any Underwriter, its officers or directors or any person controlling person, as the Company case may be, and (ii) delivery of and payment for the SecuritiesSecurities sold hereunder and any termination of this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries subsidiary submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Vapotherm Inc), Underwriting Agreement (Vapotherm Inc), Underwriting Agreement (Karyopharm Therapeutics Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Parent or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Cbre Group, Inc.), Underwriting Agreement (Cbre Group, Inc.), Underwriting Agreement (Cbre Group, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Manager or any of its their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or the Manager and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Ag Mortgage (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries Subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates Affiliates, officers, directors and or selling agents, any person controlling any Underwriter, its Underwriter or the Company’s officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (HomeStreet, Inc.), Underwriting Agreement (Atlantic Union Bankshares Corp), Underwriting Agreement (Iberiabank Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (ProQR Therapeutics N.V.), Underwriting Agreement (ProQR Therapeutics N.V.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors trustees or any person controlling the Company or the Operating Partnership and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Purchase Agreement (Pebblebrook Hotel Trust), Underwriting Agreement (Pebblebrook Hotel Trust), Underwriting Agreement (Pebblebrook Hotel Trust)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholder(s) submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (Bloomin' Brands, Inc.), Underwriting Agreement (Bloomin' Brands, Inc.), Purchase Agreement (Ameresco, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries the Subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its their respective Affiliates or selling agents, any person controlling any Underwriter, its their respective officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (North American Palladium LTD), Underwriting Agreement (North American Palladium LTD), Underwriting Agreement (North American Palladium LTD)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement Agreement, or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates Affiliates, partners, officers, directors and or selling agents, any person controlling any Underwriter, its Underwriter or the Company’s officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Notice Regarding Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries THL Advisors submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling THL Advisors and (ii) delivery of and payment for the SecuritiesNotes.

Appears in 4 contracts

Samples: Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.), Underwriting Agreement (Houlihan Lokey, Inc.)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement Agreement, or in certificates of officers of the Company or any of its subsidiaries the Manager submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or the Manager and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or Underwriter, its Affiliates or selling agents, agents or any person controlling any Underwritersuch Underwriter or by or on behalf of the Company, its officers or directors or any person controlling the Company Company, and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Purchase Agreement (First Pactrust Bancorp Inc), Purchase Agreement (First Pactrust Bancorp Inc), Purchase Agreement (Webster Financial Corp)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling any the Underwriter, its officers or directors or any person controlling the Company Company, and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Purchase Agreement (Puget Sound Energy Inc), Underwriting Agreement (Annaly Capital Management Inc), Underwriting Agreement (Annaly Capital Management Inc)

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, the Adviser or any of its the Adviser’s subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Runway Growth Finance Corp.)

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