Common use of Survival Clause in Contracts

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 128 contracts

Samples: Underwriting Agreement (NexImmune, Inc.), Underwriting Agreement (BioXcel Therapeutics, Inc.), Underwriting Agreement (CPG Newco LLC)

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Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 80 contracts

Samples: Underwriting Agreement (Bankatlantic Bancorp Inc), Underwriting Agreement (Ariad Pharmaceuticals Inc), Underwriting Agreement (PRN Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 62 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Rackable Systems, Inc.), Underwriting Agreement (Rackable Systems, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 56 contracts

Samples: Underwriting Agreement (AZEK Co Inc.), Underwriting Agreement (AZEK Co Inc.), Underwriting Agreement (BioXcel Therapeutics, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 48 contracts

Samples: Underwriting Agreement (Ryman Hospitality Properties, Inc.), Underwriting Agreement (BioSig Technologies, Inc.), Underwriting Agreement (BioSig Technologies, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 35 contracts

Samples: Underwriting Agreement (Global Mofy Metaverse LTD), Underwriting Agreement (Global Mofy Metaverse LTD), Underwriting Agreement (Atmos Energy Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Units and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 35 contracts

Samples: Underwriting Agreement (Capitalworks Emerging Markets Acquisition Corp), Underwriting Agreement (Spindletop Health Acquisition Corp.), Underwriting Agreement (Anthemis Digital Acquisitions I Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 26 contracts

Samples: Underwriting Agreement (Parker Drilling Co /De/), Underwriting Agreement (Parker Drilling Co /De/), Underwriting Agreement (Halozyme Therapeutics Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 26 contracts

Samples: Underwriting Agreement (Reinsurance Group of America Inc), Underwriting Agreement (Reinsurance Group of America Inc), Underwriting Agreement (Teva Pharmaceutical Industries LTD)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 24 contracts

Samples: Underwriting Agreement (Mohawk Industries Inc), Underwriting Agreement (Humana Inc), Underwriting Agreement (Mohawk Industries Inc)

Survival. The respective indemnities, rights of contributions, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Units and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 20 contracts

Samples: Underwriting Agreement (Power & Digital Infrastructure Acquisition II Corp.), Underwriting Agreement (Power & Digital Infrastructure Acquisition II Corp.), Underwriting Agreement (Pegasus Digital Mobility Acquisition Corp.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 18 contracts

Samples: Underwriting Agreement (BioXcel Therapeutics, Inc.), Underwriting Agreement (Carbonite Inc), Underwriting Agreement

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 18 contracts

Samples: Underwriting Agreement (SMART Global Holdings, Inc.), Underwriting Agreement (SMART Global Holdings, Inc.), Underwriting Agreement (Kornit Digital Ltd.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 16 contracts

Samples: Underwriting Agreement (Universal American Financial Corp), Underwriting Agreement (Blount International Inc), Underwriting Agreement (Freel Jerome F)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 16 contracts

Samples: Underwriting Agreement (DMC Global Inc.), Reinsurance Group of America Inc, Underwriting Agreement (Rex Energy Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Guarantors and the Underwriters Initial Purchasers contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 15 contracts

Samples: Purchase Agreement (Key Energy Services Inc), Purchase Agreement (Mariner Energy Resources, Inc.), Purchase Agreement (Petrohawk Energy Corp)

Survival. The respective indemnities, rights of contributions, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 13 contracts

Samples: Stock Purchase Agreement (Chesapeake Utilities Corp), Underwriting Agreement (Latham Group, Inc.), Underwriting Agreement (KC Holdco, LLC)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 13 contracts

Samples: Underwriting Agreement (AZEK Co Inc.), Underwriting Agreement (Antero Midstream Corp), Underwriting Agreement (Mattress Firm Holding Corp.)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement Agreement, or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Certificates and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 12 contracts

Samples: Advanta Mortgage Conduit Services Inc, Advanta Mortgage Loan Trust 1996-3, Advanta Mortgage Loan Trust 1997-2

Survival. The respective indemnities, agreements, representations, warranties and agreements other statements of the Company Company, of its officers and directors and of the several Underwriters contained set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any of them Underwriter or the Company, or any person of its partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Offered Securities sold hereunder and any termination of themthis Agreement.

Appears in 12 contracts

Samples: Underwriting Agreement (FBR Securitization, Inc.), Underwriting Agreement (First NLC Securitization, Inc.), Underwriting Agreement (First NLC Securitization, Inc.)

Survival. The respective indemnities, rights of contributions, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 12 contracts

Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.), Letter Agreement (Skyward Specialty Insurance Group, Inc.), Underwriting Agreement (Td Synnex Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 12 contracts

Samples: The Williams (Williams Companies Inc), The Williams (Williams Companies Inc), The Williams (Williams Companies Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Guarantors and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 11 contracts

Samples: Underwriting Agreement (CNH Industrial Capital LLC), Underwriting Agreement (CNH Industrial Capital LLC), Underwriting Agreement (CNH Industrial Capital LLC)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 10 contracts

Samples: Underwriting Agreement (Ingredion Inc), Ingredion Inc, Underwriting Agreement (Ingredion Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 9 contracts

Samples: Underwriting Agreement (Lumos Networks Corp.), Underwriting Agreement (Centene Corp), Underwriting Agreement (Ares Corporate Opportunities Fund Lp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 9 contracts

Samples: Underwriting Agreement (Ring Energy, Inc.), Underwriting Agreement (Lonestar Resources US Inc.), Underwriting Agreement (Lonestar Resources US Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Transaction Entities and the Underwriters Underwriter contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 9 contracts

Samples: Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Sl Green Realty Corp), Sl Green Realty Corp

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 9 contracts

Samples: Underwriting Agreement (Chatham Lodging Trust), Underwriting Agreement (Chatham Lodging Trust), Underwriting Agreement (Chatham Lodging Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Underwritten Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 9 contracts

Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (KCAP Financial, Inc.), Underwriting Agreement (KCAP Financial, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Initial Purchasers contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 8 contracts

Samples: Purchase Agreement (Symetra Financial CORP), Purchase Agreement (Symetra Financial CORP), Purchase Agreement (Sybase Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Agent contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 8 contracts

Samples: Registration Rights Agreement (Corporate Office Properties, L.P.), Registration Rights Agreement (Corporate Office Properties Trust), Registration Rights Agreement (Corporate Office Properties Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock MMP Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 8 contracts

Samples: Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Transfer Agency Agreement (Tortoise Energy Infrastructure Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Trust and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 8 contracts

Samples: Underwriting Agreement (Great West Life & Annuity Insurance Capital I), Underwriting Agreement (Provident Financial Group Inc), First Security Capital V

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 8 contracts

Samples: Underwriting Agreement (Cascade Microtech Inc), Underwriting Agreement (Primus Guaranty LTD), Underwriting Agreement (Given Imaging LTD)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters you contained in this Agreement Agreement, or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Designated Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 8 contracts

Samples: Underwriting Agreement (Greenpoint Mortgage Securities Inc/), Underwriting Agreement (Greenpoint Mortgage Securities Inc/), Underwriting Agreement (Headlands Mortgage Securities Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company Transaction Entities and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 8 contracts

Samples: Equity Underwriting Agreement (Independence Realty Trust, Inc.), Underwriting Agreement (Independence Realty Trust, Inc), Equity Underwriting Agreement (Independence Realty Trust, Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Initial Purchasers contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 7 contracts

Samples: Purchase Agreement (Prospect Capital Corp), Purchase Agreement (Prospect Capital Corp), Security Agreement (Power One Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Initial Purchasers contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 7 contracts

Samples: Rights Agreement, Purchase Agreement (Nektar Therapeutics), Nektar Therapeutics (Nektar Therapeutics)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of themindemnified party referred to in Section 8 hereof.

Appears in 7 contracts

Samples: Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Initial Purchasers contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 7 contracts

Samples: Purchase Agreement (Covanta Holding Corp), Purchase Agreement (Xto Energy Inc), Reorganization Agreement (Omnipoint Corp \De\)

Survival. The respective indemnities, representations, warranties and agreements of the Company Transaction Entities and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 7 contracts

Samples: Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Liberty Property Limited Partnership)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 7 contracts

Samples: Underwriting Agreement (Rent a Center Inc De), Underwriting Agreement (Denbury Resources Inc), Underwriting Agreement (Denbury Resources Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Shareholder and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 6 contracts

Samples: Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Guarantors and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 6 contracts

Samples: Underwriting Agreement (Ball Corp), Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 5 contracts

Samples: Underwriting Agreement (Arden Realty Inc), Underwriting Agreement (Arden Realty Group Inc), Underwriting Agreement (Arden Realty Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 5 contracts

Samples: Underwriting Agreement (Williams Companies Inc), Williams Companies Inc, Primus Guaranty LTD

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 5 contracts

Samples: Underwriting Agreement (ReWalk Robotics Ltd.), Underwriting Agreement (Avatar Holdings Inc), Underwriting Agreement (East West Bancorp Inc)

Survival. The respective indemnities, rights of contributions, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 5 contracts

Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.), Underwriting Agreement (Skyward Specialty Insurance Group, Inc.), Underwriting Agreement (Sun Country Airlines Holdings, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Operating Partnership, the Advisor and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 5 contracts

Samples: Purchase Agreement (Winthrop Realty Trust), Underwriting Agreement (Winthrop Realty Trust), Underwriting Agreement (Winthrop Realty Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 5 contracts

Samples: Underwriting Agreement (Biote Corp.), Underwriting Agreement (Natural Grocers by Vitamin Cottage, Inc.), Underwriting Agreement (EnerSys)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Manager and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Five Oaks Investment Corp.), Underwriting Agreement (Five Oaks Investment Corp.), Underwriting Agreement (Five Oaks Investment Corp.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Transaction Entities, and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Sl Green Realty Corp), Sl Green Realty Corp, Berkshire Realty Co Inc /De

Survival. The respective indemnities, representations, warranties and agreements of CareTrust and the Company Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (CareTrust REIT, Inc.), Underwriting Agreement (CareTrust REIT, Inc.), Underwriting Agreement (CareTrust REIT, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Parent Guarantor and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Mohawk Industries Inc), Underwriting Agreement (Mohawk Industries Inc), Mohawk Industries Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Guarantors and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Cintas Corp), Underwriting Agreement (Cintas Corp), Underwriting Agreement (Cintas Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Letter Agreement (SMART Global Holdings, Inc.), Underwriting Agreement (Avago Technologies LTD), Underwriting Agreement (Jazz Pharmaceuticals PLC)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Offered Units and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Linn Energy, LLC), Underwriting Agreement (Linn Energy, LLC), Underwriting Agreement (Linn Energy, LLC)

Survival. The respective indemnities, agreements, representations, warranties and agreements other statements of the Company Company, of its officers and directors and of the several Underwriters contained set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any of them Underwriter or the Company, or any person of its partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Underwritten Securities sold hereunder and any termination of themthis Agreement.

Appears in 4 contracts

Samples: Luminent Mortgage Trust 2007-1, Luminent Mortgage Trust 2007-2, Luminent Mortgage Trust 2006-6

Survival. The respective indemnities, representations, warranties and -------- agreements of the Company Company, Thermo Electron and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock any Offered Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Thermo Electron Corp), Underwriting Agreement (Thermo Instrument Systems Inc), Underwriting Agreement (Thermotrex Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Hayes Lemmerz International Inc), Underwriting Agreement (Thoratec Laboratories Corp), Underwriting Agreement (Closure Medical Corp)

Survival. The respective indemnities, rights, contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (RSP Permian, Inc.), Underwriting Agreement (RSP Permian, Inc.), Underwriting Agreement (RSP Permian, Inc.)

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Survival. The respective indemnities, representations, warranties and agreements of the Company Company, Parent and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Unitholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Offered Units and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Valero Gp Holdings LLC), Underwriting Agreement (Valero Gp Holdings LLC), Underwriting Agreement (Valero Gp Holdings LLC)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters International Managers contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Maginet Corp, Vivid Technologies Inc, Vivid Technologies Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them. The provisions of Sections 11 and 13 hereof shall survive the termination or cancellation of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (U-Store-It Trust), Underwriting Agreement (U-Store-It Trust), Underwriting Agreement (U-Store-It Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the U.S. Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Servico Inc), Vivid Technologies Inc, Loral Space & Communications LTD

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Offered Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (ITC Holdings Corp.), Underwriting Agreement (ITC Holdings Corp.), Underwriting Agreement (ITC Holdings Corp.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Transaction Entities and the Underwriters contained in this Agreement Agreement, or made by or on behalf of them, respectively, the Transaction Entities or the Underwriters pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Liberty Property Limited Partnership), Liberty Property Limited Partnership, Liberty Property Limited Partnership

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, FICV and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Frank's International N.V.), Underwriting Agreement (Frank's International N.V.), Underwriting Agreement (Frank's International N.V.)

Survival. The respective indemnities, rights of contributions, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Nayax Ltd.), Underwriting Agreement (Hamilton Insurance Group, Ltd.), Letter Agreement (ZIM Integrated Shipping Services Ltd.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Transaction Entities and the several Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Sl Green Realty Corp), Sl Green Realty Corp, Sl Green Realty Corp

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholders and the U.S. Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Crown Castle International Corp), Hk Systems Inc, Walter Industries Inc /New/

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Initial Purchaser contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, effect regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Purchase Agreement (Cybernet Internet Services International Inc), Purchase Agreement (Cybernet Internet Services International Inc), Purchase Agreement (Cybernet Internet Services International Inc)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Operating Partnership and the Underwriters Underwriter contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Arden Realty Inc), 1 (Arden Realty Inc), Arden Realty Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person one controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Benihana Inc), Bakers Footwear Group Inc, Bakers Footwear Group Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Post Holdings, Inc.), Underwriting Agreement (Post Holdings, Inc.), Underwriting Agreement (Post Holdings, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Public Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Modern Media Acquisition Corp.), Underwriting Agreement (Modern Media Acquisition Corp.), Underwriting Agreement (Modern Media Acquisition Corp.)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the applicable Subsidiaries and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Sharing Agreement (Premier Parks Inc), Premier Parks Inc, Premier Parks Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company Issuers and the Underwriters Initial Purchaser contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Delta Mills Inc, Leslie Resources Inc, Chattem Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Sba Communications Corp), Underwriting Agreement (Sba Communications Corp), Underwriting Agreement (Sba Communications Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Trust and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Units and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Enduro Royalty Trust), Underwriting Agreement (Enduro Royalty Trust), Underwriting Agreement (Enduro Royalty Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Units and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person Person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Planet Beach Franchising Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Operating Partnership, and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them. The provisions of Section 10 and 12 hereof shall survive the termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the several Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the offer, sale and delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Chubb Corp), Underwriting Agreement (Chubb Corp), Underwriting Agreement (Chubb Corp)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Principal Subsidiaries, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Cotelligent Group Inc), Spanish Broadcasting System Inc, Spanish Broadcasting System Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters International Managers contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Tularik Inc), Ocwen Financial Corp, Premier Parks Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Guarantor and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (OneBeacon Insurance Group, Ltd.), Underwriting Agreement (Hanson PLC), Underwriting Agreement (Hanson PLC)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Shareholder and the Underwriters contained in this Agreement or made by or on behalf of on them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Robbins & Myers Inc), Underwriting Agreement (Altera Corp), Aquila Inc

Survival. The respective indemnities, representations, representations and warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.)

Survival. The respective indemnities, rights of contributions, representations, warranties and agreements of the Company Company, the Operating LLC and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (AST SpaceMobile, Inc.), Underwriting Agreement (AST SpaceMobile, Inc.), Underwriting Agreement (AST SpaceMobile, Inc.)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (SemGroup Corp), Underwriting Agreement (Tivo Inc), Underwriting Agreement (Centerpoint Properties Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of themindemnified party referred to in Section 8 hereof.

Appears in 3 contracts

Samples: Southwest Gas Holdings, Inc., Southwest Gas Holdings, Inc., Southwest Gas Holdings, Inc.

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Guarantors, the Underwriters and the Underwriters QIU contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Securities and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (EnerSys), Underwriting Agreement (EnerSys), Underwriting Agreement (EnerSys)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the U.S. Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Tularik Inc), Premier Parks Inc, Ocwen Financial Corp

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Operating Partnership, and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them. The provisions of Section 10 and 12 hereof shall survive the termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 3 contracts

Samples: Underwriting Agreement (Biote Corp.), Underwriting Agreement (TRT Holdings Inc), Underwriting Agreement (Gaylord Entertainment Co /De)

Survival. The respective indemnities, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Designated Securities and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 2 contracts

Samples: Underwriting Agreement (Albertsons Inc /De/), Underwriting Agreement (Albertsons Inc /De/)

Survival. The respective indemnities, representations, warranties and agreements of the Company Company, the Principal Stockholders and the Underwriters contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 2 contracts

Samples: Credit Agreement (Qk Healthcare Inc), Qk Healthcare Inc

Survival. The respective indemnities, representations, warranties and agreements of the Company Transaction Entities and the Underwriters Underwriter contained in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement, shall survive the delivery of and payment for the Stock Shares and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them.

Appears in 2 contracts

Samples: Underwriting Agreement (Independence Realty Trust, Inc), Great Lakes Reit Inc

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