Common use of Survival of Representations and Agreements Clause in Contracts

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Company and the Company Manager contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the CompanyCompany or the Manager, any of its officers and directors their respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in this Section 10 and Sections 54, 7, 8 6 and 11(d) 7 hereof shall survive the termination of this Agreement, including termination pursuant to Section 5 or 9 or 11 hereof.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors directors, or any controlling person thereofof the Company, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 8, 11(d) and 12 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Company and the Company Manager contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the CompanyCompany or the Manager, any of its officers and directors their respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares Underwritten Securities to and by the Underwriters. The representations contained in Section 1 and the agreements contained in this Section 10 and Sections 54, 7, 8 6 and 11(d) 7 hereof shall survive the termination of this Agreement and the applicable Terms Agreement, including termination pursuant to Section 5 or 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Company and the Company Manager contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the CompanyCompany or the Manager, any of its officers and directors their respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in this Section 11 and Sections 54, 7, 8 6 and 11(d) 7 hereof shall survive the termination of this Agreement, including termination pursuant to Section 5 or 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and or the Company contained in this Agreement, including including, without limitation, the agreements contained in Section Sections 4 and 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 2 (to the extent provided in Section 9), 5, 7, 7 and 8 and 11(d) hereof this Section 10 shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof11.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, Agreement shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 4, 5, 7, 8 and 11(d) hereof 13 shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, Agreement including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any officer, director or controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, ; and shall survive delivery of and payment for the Shares Stares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d12(d) hereof shall survive the termination of this Agreement, Agreement including termination pursuant to Section 9 10 or 11 12 hereof.

Survival of Representations and Agreements. All representations ------------------------------------------- and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d12(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 10 or 11 12 hereof.

Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, thereof and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or Section 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, Agreement shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares Securities to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 4, 5, 7, 8 and 11(d) hereof 13 shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 8, 11(d) and 15 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the several Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors directors, or any controlling person thereofof the Company, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 8, 11(d) and 12 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Underwritten Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this AgreementAgreement and the Standby Subscription Agreement and any other agreement relating to the Directed Share Subscription Program, including termination of this Agreement pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All ------------------------------------------ representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors directors, or any controlling person thereofof the Company, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 8, 10, 11(d) and 12 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the several Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 8, 11(d) and 14 hereof shall survive the termination of this Agreement, Agreement including termination pursuant to Section Sections 9 or 11 hereof.

Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, thereof and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 hereof and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, 38 39 including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Company and the Company Manager contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof, and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors directors, the Manager or any controlling person thereofof the Company or the Manager, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 hereof and the agreements contained in Sections 5, 7, 8 9 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriter, the Company and the Company Manager contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling person thereof or by or on behalf of the CompanyCompany or the Manager, any of its officers and directors their respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the UnderwritersUnderwriter. The representations contained in Section 1 and the agreements contained in this Section 9 and Sections 54, 7, 8 6 and 11(d) 7 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 5 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or thereof, by or on behalf of the Company, Company or any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 hereof and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof. 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors directors, or any controlling person thereofof the Company, and shall survive delivery of and payment for the Shares Notes to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 8, 11(d) and 12 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 56, the indemnity agreements contained in Section 7 8 and the contribution agreements contained in Section 89, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, or the Selling Shareholder, any of its their officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 56, 78, 8 9, 13(d) and 11(d) 17 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 10, 11 or 11 13 hereof.

Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity indemnity, agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5Sections 8 and 13(d), the indemnity agreements contained in Section 7 10 and the contribution agreements contained in Section 811, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or Underwriter, any controlling person thereof or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 7 and the agreements contained in Sections 58, 710, 8 11 and 11(d13(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereofSections 12 and 13.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 4 and Section 5, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 76, 8 7 and 11(d) hereof also shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters you and the Company contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter you or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and any payment for the Shares Securities to and by the Underwritersyou. The representations contained in Section 1 and the agreements contained in Sections 54, 76, 8 7 and 11(d10(c) hereof shall survive the termination of this Agreement, Agreement including termination pursuant to Section 9 or 11 10 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its their respective officers and directors or any controlling person persons thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof11.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Underwritten Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this AgreementAgreement and the Stock Subscription Agreement and any other agreement relating to the Directed Share Subscription Program, including termination of this Agreement pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares Series A Preferred Stock to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations ------------------------------------------ and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, thereof and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or Section 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriter and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity indemnity, agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the UnderwritersUnderwriter. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d10(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 10 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Trust and the Company Seller contained in this Agreement, including the agreements contained in Section 56, the indemnity agreements contained in Section 7 8 and the contribution agreements contained in Section 89, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the CompanyTrust, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 56, 78, 8 9 and 11(d12(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 10 or 11 12 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its 30 officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company Entities contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the CompanyCompany Entities, and any of its their officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Company and the Company Manager contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the CompanyCompany or the Manager, any of its officers and directors their respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Company and the Company Manager contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the CompanyCompany or the Manager, any of its officers and directors their respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in this Section 11 and Sections 5, 7, 7 and 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 5 or 11 10 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in this Section 11 and Sections 54, 7, 8 6 and 11(d) 7 hereof shall survive the termination of this Agreement, including termination pursuant to Section 5 or 9 or 11 hereof.

Survival of Representations and Agreements. All ------------------------------------------ representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, and the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 7 and 11(d9(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 8 or 11 10 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriter and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements agree ents contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any the Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the UnderwritersUnderwriter. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d10(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 10 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Underwriters, the Independent Underwriter and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof, the Independent Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the several Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, Agreement including termination pursuant to Section Sections 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and Underwriters, the Company contained in this Agreement, including the agreements contained in Section 54, the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, Company any of its officers and directors their respective officers, directors, partners or members or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in this Section 11 and Sections 54, 7, 8 6 and 11(d) 7 hereof shall survive the termination of this Agreement, including termination pursuant to Section 5 or 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters you and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter you or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and any payment for the Shares Securities to and by the Underwritersyou. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 11(d10(d) hereof shall survive the termination of this Agreement, Agreement including termination pursuant to Section 9 or 11 10 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5Sections 4(h) and 11(d), the indemnity agreements contained in Section 7 6 and the contribution agreements contained in Section 87, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or the Underwriters, any controlling person thereof thereof, or by or on behalf of the Company, any of its officers and directors Company or any controlling person thereof, and shall survive delivery of and payment for the Shares Notes to and by the Underwriters. The representations contained in Section 1 5 and the agreements contained in Sections 54(h), 76, 8 7 and 11(d) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 9 or 11 hereof11.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or thereof, by or on behalf of the Company, Company or any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and Notes by the Underwriters. The representations contained in Section 1 hereof and the agreements contained in Sections 5, 7, 8 and 11(d) hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement, including the agreements contained in Section 5, the indemnity agreements contained in Section 7 and the contribution agreements contained in Section 8, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors directors, or any controlling person thereofof the Company, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 5, 7, 8 and 8, 11(d) and 12 hereof shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.

Survival of Representations and Agreements. All representations and warranties, covenants and agreements of the Underwriters Company and the Company Underwriters contained in this Agreement, including the agreements contained in Section 55 hereof, the indemnity agreements contained in Section 7 hereof and the contribution agreements contained in Section 88 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter the Underwriters or any controlling person thereof or by or on behalf of the Company, Company or any of its respective officers and directors or any controlling person thereof, thereof and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations and warranties contained in Section 1 hereof, and the agreements contained in Sections 5, 7, 8 and 11(d) hereof 11 hereof, shall survive the termination of this Agreement, including termination pursuant to Section 9 or 11 hereof.