Common use of Survival of Certain Representations and Obligations Clause in Contracts

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.

Appears in 24 contracts

Samples: Underwriting Agreement (Adcare Health Systems, Inc), Underwriting Agreement (Anworth Mortgage Asset Corp), Underwriting Agreement (Yuma Energy, Inc.)

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Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties warranties, and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results result thereof, made by or on behalf of the Underwriters, any Underwriter or the Company or any of their respective representatives, its officers or directors or any controlling person, and will survive delivery of and payment for the SecuritiesCertificates and any termination of this Agreement or any Terms Agreement, including any termination pursuant to Section 10.

Appears in 12 contracts

Samples: Underwriting Agreement (Fund America Investors Corp Ii), Underwriting Agreement (Bear Stearns Commercial Mortgage Securities Inc), Terms Agreement (Bear Stearns Commercial Mortgage Securities Inc)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersUnderwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (AxoGen, Inc.), Underwriting Agreement (Oragenics Inc), Underwriting Agreement (Cardica Inc)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany Underwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (El Paso Electric Co /Tx/), Underwriting Agreement (El Paso Electric Co /Tx/), Underwriting Agreement (El Paso Electric Co /Tx/)

Survival of Certain Representations and Obligations. The respective indemnitiesrepresentations, warranties, agreements, representationscovenants, warranties indemnities and other statements of the Company or Company, its officers and of the Underwriters Underwriter set forth in in, or made pursuant to to, this Underwriting Agreement will shall remain in full force and effect, regardless of any investigation, or statement as to the results result thereof, made by or on behalf of the Underwritersany Underwriter, the Company Company, or any of their respective representatives, officers the offices or directors or any controlling personperson of any of the foregoing, and will shall survive the delivery of and payment for the offered Securities.

Appears in 5 contracts

Samples: Prudential Securities (Prudential Securities Secured Financing Corp), Prudential Securities (Prudential Securities Secured Financing Corp), Prudential Securities (Prudential Securities Secured Financing Corp)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company parties hereto or its their officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results result thereof, made by or on behalf of the UnderwritersSponsor or the Depositor, as the Company case may be, or any of their respective representatives, officers or directors or any controlling person, person and will survive delivery of and payment for the SecuritiesUnderlying Securities and any termination of this Agreement.

Appears in 4 contracts

Samples: Purchase Agreement (Bear Stearns Structured Products Inc. Trust 2007-R3), Purchase Agreement (Bear Stearns Structured Products Inc. Trust 2007-R3), Purchase Agreement (Bear Stearns Structured Products Inc. Trust 2007-R3)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of by any Agent and the Company or its officers and of the Underwriters set forth in or made pursuant to this Agreement will shall remain in full force and effect, regardless of any investigation, investigation (or any statement as to the results thereof, ) made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors Agent or any controlling personperson of such Agent or the Company, or any officer or director or any controlling person of the Company, and will shall survive each delivery of and payment for any of the SecuritiesNotes.

Appears in 4 contracts

Samples: Agency Agreement (American Express Credit Corp), Agency Agreement (American Express Credit Corp), Terms Agreement (American Express Credit Corp)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters Purchaser set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersPurchaser, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Viseon Inc), Securities Purchase Agreement (Viseon Inc), Securities Purchase Agreement (Viseon Inc)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany Underwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.Offered

Appears in 3 contracts

Samples: Underwriting Agreement (Kosmos Energy Ltd.), Execution (Ddi Corp), Underwriting Agreement (Phone Com Inc)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters Subscribers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersSubscribers, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 2 contracts

Samples: Subscription Agreement (Atp Oil & Gas Corp), Subscription Agreement (Atp Oil & Gas Corp)

Survival of Certain Representations and Obligations. The respective indemnitiesrepresentations, warranties, agreements, representationscovenants, warranties indemnities and other statements of the Company or Company, its officers and of the Underwriters Underwriter set forth in in, or made pursuant to to, this Underwriting Agreement will shall remain in full force and effect, regardless of any investigation, or statement as to the results result thereof, made by or on behalf of the Underwritersany Underwriter, the Company Company, or any of their respective representatives, officers the offices or directors or any controlling personperson of any of the foregoing, and will shall survive the delivery of and payment for the Offered Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Commercial Mortgage Acceptance Corp), Commercial Mortgage Acceptance Corp

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters Managers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany Manager, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the SecuritiesShares.

Appears in 2 contracts

Samples: Distribution Agency Agreement (Virgin Galactic Holdings, Inc), Distribution Agency Agreement (Virgin Galactic Holdings, Inc)

Survival of Certain Representations and Obligations. (a) The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers officers, directors and of the Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersUnderwriter, the Company or any of their respective representatives, officers or officers, directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (UTA Acquisition Corp), Underwriting Agreement (UTA Acquisition Corp)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersUnderwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the SecuritiesShares.

Appears in 2 contracts

Samples: Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Biotime Inc)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersManager, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the SecuritiesShares.

Appears in 2 contracts

Samples: Distribution Agency Agreement (Western Alliance Bancorporation), Distribution Agency Agreement (Western Alliance Bancorporation)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Parent or its their respective officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Company Company, the Parent or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Gastar Exploration USA, Inc.)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters several Underwriters, as set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement will Agreement, shall remain in full force and effect, regardless of any investigation, investigation (or any statement as to the results thereof, ) made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and will shall survive delivery of and payment for the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Aimco Properties Lp)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its AHFC or their respective officers and of the Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, Underwriter or the Company or AHFC or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.Notes. If this Agreement is terminated pursuant to

Appears in 1 contract

Samples: Underwriting Agreement (Honda Auto Receivables 2008-2 Owner Trust)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany Underwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.and

Appears in 1 contract

Samples: Underwriting Agreement (American Financial Group Inc /Oh/)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.of

Appears in 1 contract

Samples: Calpine Capital Trust

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany Underwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.U.S.

Appears in 1 contract

Samples: Capstar Broadcasting Corp

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company Seller or its officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, Underwriters or the Company Seller or any of their respective representatives, officers or directors or any controlling personpersons, and will survive delivery of and payment for the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Central Originating Lease Trust)

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Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company and the Selling Shareholder or its their respective officers and directors and of the several International Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany International Underwriter, the Company Company, the Selling Shareholder or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 1 contract

Samples: Facilitation Agreement (Linx S.A.)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.and

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company parties hereto or its their officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results result thereof, made by or on behalf of the UnderwritersSponsor or the Depositor, as the Company case may be, or any of their respective representatives, officers or directors or any controlling person, person and will survive delivery of and payment for the SecuritiesUnderlying Certificate and any termination of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Bear Stearns ARM Trust 2006-3)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersUnderwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Activision Inc /Ny)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and directors and of the several International Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany International Underwriter, the Company Company, or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 1 contract

Samples: Ads Deposit Agreement (CPFL Energy INC)

Survival of Certain Representations and Obligations. The ---------------------------------------------------- respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the Underwriters several Underwriters, as set forth in or made pursuant to this Agreement will Agreement, shall remain in full force and effect, regardless of any investigation, investigation (or any statement as to the results thereof, ) made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors Underwriter or any controlling personperson of any Underwriter, or the Company, or any officer or director or controlling person of the Company, and will shall survive delivery of and payment for the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Campbell Soup Co)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company Company, the Parent or its their respective officers and of the Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the UnderwritersUnderwriter, the Company Company, the Parent or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Gastar Exploration USA, Inc.)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties warranties, and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, any Underwriter or the Company or any of their respective representatives, its officers or directors or any controlling person, and will survive delivery of and payment for the Offered Debt Securities.

Appears in 1 contract

Samples: American International Group Inc

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties warranties, and other statements of the Company or its officers and of the Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, Underwriter or the Company or any of their respective representatives, its officers or directors or any controlling person, and will survive delivery of and payment for the Securities.

Appears in 1 contract

Samples: American International Group Inc

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany Underwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.delivery

Appears in 1 contract

Samples: Underwriting Agreement (Handspring Inc)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Underwriting Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwritersany Underwriter, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Offered Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Nevada Power Co)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Selling Shareholders, of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.any

Appears in 1 contract

Samples: W-H Energy Services Inc

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of by the Company Transferor or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Company Transferor or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the SecuritiesCertificates.

Appears in 1 contract

Samples: Underwriting Agreement (Fnanb Credit Card Master Trust)

Survival of Certain Representations and Obligations. The respective indemnities, agreements, representations, warranties and other statements of the Selling Shareholders, of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Company or any of their respective representatives, officers or directors or any controlling person, and will survive delivery of and payment for the Securities.or

Appears in 1 contract

Samples: Education Management Corporation

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