Common use of Survival of Indemnities, Warranties, etc Clause in Contracts

Survival of Indemnities, Warranties, etc. The respective indemnities, covenants, agreements, representations, warranties, certificates and other statements of the Fund, the Manager and the Underwriter, as set forth in this Agreement or made by them, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriter, the Fund, the Manager, or any of their officers or trustees or directors, or any controlling person, and shall survive delivery of and payment for the Shares.

Appears in 14 contracts

Samples: Underwriting Agreement (Morgan Stanley Fundamental Value Fund), Underwriting Agreement (Morgan Stanley Dean Witter Real Estate Fund), Underwriting Agreement (Morgan Stanley Dean Witter Next Generation Trust)

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Survival of Indemnities, Warranties, etc. The respective indemnities, covenantsconvenants, agreements, representations, warranties, certificates and other statements of the Fund, the Manager and the Underwriter, as set forth in this Agreement or made by them, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriter, the Fund, the Manager, or any of their officers or trustees or directors, or any controlling person, and shall survive delivery of and payment for the Shares.

Appears in 9 contracts

Samples: Underwriting Agreement (Dean Witter Fund of Funds), Underwriting Agreement (Morgan Stanley Dean Witter Mid Cap Dividend Growth Sec), Underwriting Agreement (Witter Dean S&p 500 Index Fund)

Survival of Indemnities, Warranties, etc. The respective indemnities, covenants, agreements, representations, warranties, certificates and other statements of the Fund, the Manager Manager, the Adviser and the Underwriter, as set forth in this Agreement or made by them, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriter, the Fund, the Manager, the Adviser, or any of their officers or trustees or directors, or any controlling person, and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (TCW Dw Total Return Trust), Underwriting Agreement (TCW Dw Mid Cap Equity Trust)

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Survival of Indemnities, Warranties, etc. The respective indemnities, covenants, agreements, representations, warranties, certificates and other statements of the Fund, the Investment Manager and the Underwriter, as set forth in this Agreement or made by them, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriter, the Fund, the Investment Manager, or any of their officers or trustees or directors, or any controlling person, and shall survive delivery of and payment for the Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Dean Witter Informatioon Fund)

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