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 the Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Agent or its Affiliates, selling agents, officers or directors or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the Shares.
Appears in 9 contracts
Samples: Atm Equity Offering Sales Agreement, Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.), Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.)
Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Company or the Operating Partnership or any of the Subsidiaries Companies submitted pursuant hereto, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of the Agent Representative or its Affiliatescontrolling person of the Representative, selling agentsor by or on behalf of the Companies or any officers, officers or directors or controlling persons and shall survive delivery of any person controlling Notes to the Agent, or either of the Transaction Entities or their respective officers or directors, Representative or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the Sharesperson.
Appears in 9 contracts
Samples: Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services 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 the Operating Partnership or any of the Subsidiaries 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 the a Placement Agent or its Affiliates, partners, officers, directors and or selling agents, officers or directors any person controlling a Placement Agent or any person controlling the Agent, Company or either the Selling Shareholder or any representative of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 7 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement, Placement Agency Agreement
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 Transaction Entities or any of their subsidiaries or the Subsidiaries 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 the Agent any Underwriter or its Affiliates, Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, Company or any person controlling either of the Transaction Entities any Selling Stockholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 6 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 or letters of officers of either of the Company or the Operating Partnership Transaction Entities or any of their respective subsidiaries or the Subsidiaries 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 the Agent any Underwriter or its Affiliates, Affiliates or selling agents, officers or directors or any person controlling the Agentany Underwriter, or either of the Transaction Entities or their respective its officers or directors, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the SharesSecurities.
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 warranties, indemnities and agreements contained in this Agreement or in certificates of officers of the Company or the Operating Partnership or any of its subsidiaries or the Subsidiaries 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 the Agent any Underwriter or its Affiliates, Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or the Company or any officer or director or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, Company or any person controlling either of the Transaction Entities any Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 5 contracts
Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant 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 Company, the Operating Partnership or any of subsidiary of the Subsidiaries 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, the Agent Forward Purchaser, the Forward Seller or its Affiliates, any of their respective Affiliates or selling agents, any person controlling such party, its officers or directors directors, any person controlling the Company or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Operating Partnership and (ii) delivery of and payment for the SharesSecurities.
Appears in 4 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 of officers of the Company or the Operating Partnership or any of the Subsidiaries 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 the Agent any Underwriter, any Forward Seller or its Affiliates, any Forward Purchaser or their Affiliates or selling agents, any person controlling any Underwriter, any Forward Seller or any Forward Purchaser, its officers or directors or directors, any person controlling the Agent, Company or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Operating Partnership and (ii) delivery of and payment for the SharesSecurities.
Appears in 4 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 either of the Company or the Operating Partnership Transaction Entities or any of the Subsidiaries 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 the Agent an Agent, a Forward Purchaser or its their respective Affiliates, selling agents, officers or directors agents or any person controlling the Agentsuch Agent or such Forward Purchaser, or either of the Transaction Entities or their respective officers or directorstrustees, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the Shares.
Appears in 4 contracts
Samples: Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement, Atm Equity Offering Sales Agreement (Americold Realty Operating Partnership, 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 the Operating Partnership or any of the Subsidiaries submitted pursuant hereto, and the agreements of the Agents, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the an Agent or its Affiliates, selling agents, officers or directors or any person controlling the such Agent, or either of the Transaction Entities Company or their respective its officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Equity Sales Agreement (W. P. Carey Inc.), Equity Sales Agreement (W. P. Carey Inc.), Equity Sales Agreement (Kimco Realty Corp)
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 the Operating Partnership or any of its subsidiaries (including the Subsidiaries Bank) submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Placement Agent or its Affiliates, partners, officers, directors and or selling agents, officers or directors any person controlling the Placement Agent or any person controlling the Agent, Company or either the Selling Shareholder or any representative of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 3 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement, Placement Agency Agreement
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 the Subsidiaries 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 Forward Seller, the Forward Purchaser or its Affiliates, an Affiliate or selling agents, any person controlling any Underwriter, the Forward Seller, the Forward Purchaser, their respective officers or directors or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the SharesSecurities.
Appears in 3 contracts
Samples: Underwriting Agreement (Old National Bancorp /In/), Underwriting Agreement (Umb Financial Corp), Underwriting Agreement (Atlantic Union Bankshares 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, the Operating Partnership or any of the Subsidiaries 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 the an Agent or its Affiliates, selling agents, officers or directors or any person controlling the such Agent, or either of the Transaction Entities Company, the Operating Partnership or their respective officers or directors, or any person controlling either of the Transaction Entities Company or the Operating Partnership and (ii) delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty 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 Company, the Operating Partnership or any of the Subsidiaries 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 the Agent an Agent, a Forward Purchaser or its Affiliates, selling agents, officers or directors or any person controlling the Agentsuch Agent or Forward Purchaser, or either of the Transaction Entities Company, the Operating Partnership or their respective officers or directors, or any person controlling either of the Transaction Entities Company or the Operating Partnership and (ii) delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Atm Equity Offering Sales Agreement (American Healthcare REIT, Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, 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 the Operating Partnership or any of the Subsidiaries its subsidiary submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the a Placement Agent or its Affiliates, partners, officers, directors and or selling agents, officers or directors any person controlling a Placement Agent or any person controlling the Agent, Company or either the Selling Shareholder or any representative of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 2 contracts
Samples: Placement Agency Agreement, Placement Agency Agreement
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 the Operating Partnership Transaction Entities or any of the Subsidiaries 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 the Agent an Agent, a Forward Purchaser or its their respective Affiliates, selling agents, officers or directors agents or any person controlling the Agentsuch Agent or such Forward Purchaser, or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement (Americold 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 or the Operating Partnership or any of the Subsidiaries its subsidiaries submitted pursuant hereto, and the agreements of the Agents shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the an Agent or its Affiliates, selling agents, officers or directors or any person controlling the such Agent, or either of the Transaction Entities Company or their respective its officers or directorsmember of its Board of Trust Managers, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/), Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)
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 Trust or any of the Subsidiaries 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 the Agent an Agent, a Forward Purchaser or its their respective Affiliates, selling agents, officers, directors, employees or trustees or any person controlling such Agent or such Forward Purchaser or the Trust or its officers or directors trustees, or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Trust and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
Representations, Warranties and Agreements to Survive. All indemnities, rights of contribution, representations, warranties and other agreements contained in this Agreement or in certificates of officers of the Company or the Operating Partnership or any of the Subsidiaries 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 the Agent, its Affiliates or agents or any person controlling the Agent or by or on behalf of the Company, its Affiliates, selling agents, officers or directors or any person controlling the AgentCompany, or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities and (iib) delivery of and payment for the Shares.
Appears in 1 contract
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 the Subsidiaries 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 the Agent an Agent, a Forward Seller, a Forward Purchaser or its respective Affiliates, selling agents, officers or directors or any person controlling the such Agent, Forward Seller or either of Forward Purchaser, or the Transaction Entities Company or their respective its officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Equity Distribution Agreement (Black Hills Corp /Sd/)
Representations, Warranties and Agreements to Survive. Delivery. -------- All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Operating Partnership or any trustees of the Subsidiaries Trust submitted pursuant hereto, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of the Agent any Initial Purchaser or its Affiliates, selling agents, officers or directors or any person controlling the Agentperson, or either by or on behalf of the Transaction Entities Trust or their respective officers or directorsthe Company, or any person controlling either and shall survive delivery of the Transaction Entities and (ii) delivery of and payment for Series A Capital Securities to the SharesInitial Purchasers.
Appears in 1 contract
Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates or letters of officers of either the Company or the Operating Partnership Transaction Entities or any of their respective subsidiaries or the Subsidiaries 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 the Agent any Underwriter or its Affiliates, Affiliates or selling agents, officers or directors or any person controlling the Agentany Underwriter, or either of the Transaction Entities or their respective its officers or directors, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
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 the Subsidiaries its subsidiaries submitted pursuant hereto, and the agreements of the Agents shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the an Agent or its Affiliates, selling agents, officers or directors officers, directors, employees or any person controlling the Agent, or either of the Transaction Entities Company or their respective its officers or directorsmember of its Board of Directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Equity Distribution Agreement (Pattern Energy 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 the Operating Partnership or any of the 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 (A) the Agent Initial Purchaser or any of its Affiliates, selling agents, officers or directors or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, or any person controlling either the Initial Purchaser, or (B) the Company or any of the Transaction Entities its Affiliates and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
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 the Subsidiaries 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 the Agent an Agent, a Forward Purchaser or its their respective Affiliates, selling agents, officers or officers, directors or any person controlling such Agent or such Forward Purchaser or the Agent, Company or either of the Transaction Entities or their respective officers or directorsits officers, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Lithia Motors 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 the Operating Partnership or any of its subsidiaries (including the Subsidiaries Banks) submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the a Placement Agent or its Affiliates, partners, officers, directors and or selling agents, officers or directors any person controlling a Placement Agent or any person controlling the Agent, Company or either the Selling Shareholder or any representative of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
Samples: Placement Agency Agreement
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 the Operating Partnership or any of its subsidiaries (including the Subsidiaries Bank) submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the a Placement Agent or its Affiliates, partners, officers, directors and/or selling agents, officers or directors any person controlling a Placement Agent or any person controlling the Agent, Company or either the Selling Shareholder or any representative of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
Samples: Placement Agency Agreement
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, the Operating Partnership or any of the Subsidiaries 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, Forward Seller or Forward Purchaser or their respective Affiliates or selling agents thereof, any person controlling the Agent Company or its Affiliates, selling agents, officers or directors the Operating Partnership or any person controlling the Agentany Underwriter, Forward Seller or either of the Transaction Entities Forward Purchaser or their respective officers or directors, or any person controlling either of the Transaction Entities directors and (ii) the delivery of and payment for the SharesSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (MGM Growth Properties Operating Partnership 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 Company, the Operating Partnership or and any other subsidiary of the Subsidiaries Company submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the an Agent or its Affiliates, selling agents, officers or directors or any person controlling such Agent or the Agent, Company or either of the Transaction Entities or their respective its officers or directors, directors or any person controlling either of the Transaction Entities Company or the Operating Partnership and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Cedar Realty 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 Operating Partnership or any of the Subsidiaries 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 the Agent an Agent, a Forward Purchaser or its Affiliatestheir respective affiliates, selling agents, officers or directors or any person controlling the Agentsuch Agent or Forward Purchaser, or either of the Transaction Entities Company or their respective its officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Southern California Gas 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 the Operating Partnership Transaction Entities or any of the Subsidiaries 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 the an Agent or its Affiliates, selling agents, officers or directors or any person controlling the such Agent, or either of the Transaction Entities or their respective officers or directorstrustees, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Equity Distribution Agreement (JBG SMITH Properties)
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 the Operating Partnership Transaction Entities or any of the Subsidiaries 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 the Agent any Underwriter, any Forward Seller, any Forward Purchaser, its Affiliates or its Affiliates, selling agents, any person controlling any Underwriter, any Forward Seller, any Forward Purchaser, its officers or directors or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, trustees or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the Shares.
Appears in 1 contract
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 Transaction Entities or any of the Subsidiaries 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 the Agent any Underwriter or its Affiliates, selling agents, officers or directors or any person controlling the Agentany Underwriter, or either of the Transaction Entities or their respective officers or directorstrustees, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
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 the Subsidiaries 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 the Agent any Underwriter, any Forward Seller or its Affiliates, any Forward Purchaser or their respective affiliates or selling agents, officers or directors or any person controlling such party, the Agent, Company or either of the Transaction Entities or their respective its officers or its directors, or any person controlling either of the Transaction Entities Company, and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Underwriting Agreement (National Health 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 or the Operating Partnership or any of the Subsidiaries 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 the Agent any Initial Purchaser or its Affiliates, partners, officers, directors and or selling agents, any person controlling any Initial Purchaser or the Company’s officers or directors or any person controlling the Agent, or either of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or Agreement, in certificates of officers of the Company or the Operating Partnership any of its subsidiaries submitted pursuant hereto or in certificates of officers of any of the Subsidiaries submitted Selling Stockholders pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Agent or its Affiliates, selling agents, officers or directors or any person controlling the Agent, or either of the Transaction Entities Company or their respective its officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Diamondback Energy, 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 Transaction Entities, the Operating Partnership Manager or any of the Subsidiaries 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 the any Agent or its Affiliates, affiliates or selling agents, officers or directors or any person controlling the any Agent, or either of the Transaction Entities or their respective its officers or directors, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the applicable offering of Shares.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Safehold Inc.)
Representations, Warranties and Agreements to Survive. All representationsrepresenta- tions, warranties and agreements contained in this Agreement Agreement, or in certificates of officers of the Company or the Operating Partnership or any of the Subsidiaries 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 the a Placement Agent or its Affiliates, partners, officers, directors and or selling agents, officers or directors any person controlling a Placement Agent or any person controlling the Agent, Company or either the Selling Shareholder or any representative of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
Samples: Placement Agency Agreement
Representations, Warranties and Agreements to Survive. All representations, warranties and agreements of the Company and the Agents contained in this Agreement or in certificates of officers of the Company or the Operating Partnership or any of the 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 the an Agent or its Affiliates, selling agents, officers or directors or any person controlling the such Agent, or either of the Transaction Entities Company or their respective its officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the SharesPlacement ADSs.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (BiondVax Pharmaceuticals Ltd.)
Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or in certificates of officers of the Company or the Operating Partnership or any of the Subsidiaries 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 International Manager or controlling person, or by or on behalf of the Agent or its Affiliates, selling agents, officers or directors Company or any person controlling person, the AgentPartnership or the Selling Shareholders, or either and shall survive delivery of the Transaction Entities or their respective officers or directors, or any person controlling either of Securities to the Transaction Entities and (ii) delivery of and payment for the SharesInternational Managers.
Appears in 1 contract
Samples: International Purchase Agreement (Snyder Communications 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 or the Operating Partnership Transaction Entities or any of their respective subsidiaries or the Subsidiaries Property Managers submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Agent any Underwriter or its Affiliates, Affiliates or selling agents, officers or directors or any person controlling the Agentany Underwriter, or either of the Transaction Entities or their respective its officers or directors, or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
Representations, Warranties and Agreements to Survive. Delivery. -------- All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Operating Partnership or any of the Subsidiaries its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of the Agent or its Affiliates, selling agents, officers or directors Agents or any controlling person controlling the of an Agent, or either by or on behalf of the Transaction Entities or their respective officers or directorsCompany, or any person controlling either of the Transaction Entities and (ii) shall survive each delivery of and payment for the SharesNotes.
Appears in 1 contract
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 the Operating Partnership or any of the Subsidiaries its subsidiaries (including any Bank) submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the a Placement Agent or its Affiliates, partners, officers, directors and or selling agents, officers or directors any person controlling a Placement Agent or any person controlling the Agent, Company or either the Selling Shareholder or any representative of the Transaction Entities or their respective officers or directors, or any person controlling either of the Transaction Entities Selling Shareholder and (ii) delivery of and payment for the SharesSecurities.
Appears in 1 contract
Samples: Placement Agency Agreement
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 the Subsidiaries submitted pursuant hereto, and the agreements of the Agents, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Agent an Agent, a Forward Purchaser or its Affiliatestheir respective affiliates, selling agents, officers or directors or any person controlling the Agentsuch Agent or such Forward Purchaser, or either of the Transaction Entities Company or their respective its officers or directors, or any person controlling either of the Transaction Entities Company and (ii) delivery of and payment for the any Shares or any Confirmation Shares.
Appears in 1 contract
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 either of the 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 the Agent an Agent, a Forward Purchaser or its Affiliates, their respective Affiliates or selling agents, officers or directors or any person controlling the Agentsuch Agent or such Forward Purchaser, or either of the Transaction Entities or their respective officers or directors, trustees or any person controlling either of the Transaction Entities and (ii) delivery of and payment for the Shares.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Pebblebrook Hotel Trust)