Representations, Warranties and Indemnities to Survive. The indemnity and contribution agreements contained in this Article 4 and the representations and warranties of the Company referred to in Section 4.3(k) shall remain operative and in full force and effect regardless of (i) any termination of any underwriting or agency agreement, (ii) any investigation made by or on behalf of the selling Holders, the Company or any underwriter or agent or controlling Person or (iii) the consummation of the sale or successive resales of the Registrable Securities.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Pershing Square Capital Management, L.P.), Warrant and Registration Rights Agreement (General Growth Properties Inc), Stock Purchase Agreement (Pershing Square Capital Management, L.P.)
Representations, Warranties and Indemnities to Survive. The indemnity and contribution agreements contained in this Article 4 IV and the representations and warranties of the Company referred to in Section 4.3(k4.04(j) shall remain operative and in full force and effect regardless of (i) any termination of any underwriting or agency agreement, ; (ii) any investigation made by or on behalf of the selling Holder or Holders, the Company or any underwriter or agent or controlling Person Person; or (iii) the consummation of the sale or successive resales of the Registrable Registered Securities.
Appears in 4 contracts
Samples: Warrant and Registration Rights Agreement, Warrant and Registration Rights Agreement (Towerstream Corp), Warrant and Registration Rights Agreement (Zale Corp)
Representations, Warranties and Indemnities to Survive. The indemnity and contribution agreements contained in this Article 4 IV and the representations and warranties of the Company referred to in Section 4.3(k4.04(l) shall remain operative and in full force and effect regardless of (i) any termination of any underwriting or agency agreement, ; (ii) any investigation made by or on behalf of the selling Holder or Holders, the Company or any underwriter or agent or controlling Person Person; or (iii) the consummation of the sale or successive resales of the Registrable Securities.
Appears in 3 contracts
Samples: Warrant and Registration Rights Agreement, Warrant and Registration Rights Agreement (ARRIS International PLC), Warrant and Registration Rights Agreement (ARRIS International PLC)
Representations, Warranties and Indemnities to Survive. The indemnity and contribution agreements contained in this Article 4 and the representations and warranties of the Company referred to in Section 4.3(k4.4(j) shall remain operative and in full force and effect regardless of (i) any termination of any underwriting or agency agreement, (ii) any investigation made by or on behalf of the selling Holders, the Company or any underwriter or agent or controlling Person or (iii) the consummation of the sale or successive resales of the Registrable Registered Securities.
Appears in 2 contracts
Samples: Warrant and Registration Rights Agreement (Quiksilver Inc), Warrant and Registration Rights Agreement (Quiksilver Inc)
Representations, Warranties and Indemnities to Survive. The indemnity and contribution agreements contained in this Article 4 and the representations and warranties of the Company referred to in Section 4.3(k) shall remain operative and in full force and effect regardless of (i) any termination of any underwriting or agency agreement, (ii) any investigation made by or on behalf of the selling Holders, the Company or any underwriter or agent or controlling Person person or (iii) the consummation of the sale or successive resales of the Registrable Registered Securities.
Appears in 2 contracts
Samples: Warrant and Registration Rights Agreement (Borders Group Inc), Warrant and Registration Rights Agreement (Pershing Square Capital Management, L.P.)
Representations, Warranties and Indemnities to Survive. The indemnity and contribution agreements contained in this Article 4 Section 3 and the representations and warranties of the Company referred to in Section 4.3(k3.1(i) shall remain operative and in full force and effect regardless of (i) any termination of any underwriting or agency agreement, (ii) any investigation made by or on behalf of the selling Holdersholders, the Company or any underwriter or agent or controlling Person person or (iii) the consummation of the sale or successive resales of the Registrable Registered Securities.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Rockefeller Center Properties Inc)