Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 628 contracts
Samples: Underwriting Agreement (ImmunoGen, Inc.), Underwriting Agreement (Novavax Inc), Underwriting Agreement (Intuit Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 584 contracts
Samples: Underwriting Agreement (Adobe Inc.), Underwriting Agreement (Campbell Soup Co), Underwriting Agreement (Affiliated Managers Group, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 234 contracts
Samples: Letter Agreement (Immunome Inc.), Underwriting Agreement (Metagenomi, Inc.), Underwriting Agreement (Edgewise Therapeutics, Inc.)
Survival. The respective indemnities, rights of 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 the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.
Appears in 198 contracts
Samples: Underwriting Agreement (First Solar, Inc.), MKS Instruments Inc, Underwriting Agreement (Altice USA, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 112 contracts
Samples: Underwriting Agreement (Spring Valley Acquisition Corp. II), Underwriting Agreement (Spring Valley Acquisition Corp. II), Underwriting Agreement (Tru Shrimp Companies, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Depositor and the Underwriters contained in this Agreement or made by or on behalf of the Company Depositor or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered Certificates and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Depositor or the Underwriters.
Appears in 95 contracts
Samples: Pooling and Servicing Agreement (Benchmark 2023-B40 Mortgage Trust), Underwriting Agreement (Benchmark 2022-B32 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2021-B28 Mortgage Trust)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Stockholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters.
Appears in 52 contracts
Samples: Underwriting Agreement (Option Care Health, Inc.), Option Care (Option Care Health, Inc.), Underwriting Agreement (Option Care Health, Inc.)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the UnderwritersUnderwriter.
Appears in 43 contracts
Samples: Underwriting Agreement (Teladoc, Inc.), Albany International Corp /De/, Graftech International LTD
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.
Appears in 39 contracts
Samples: Underwriting Agreement (Teads S.A.), Underwriting Agreement (Cleveland-Cliffs Inc.), Underwriting Agreement (EQT Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Public Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 38 contracts
Samples: Warrant Agreement (Horizon Space Acquisition I Corp.), Warrant Agreement (Horizon Space Acquisition I Corp.), Warrant Agreement (Horizon Space Acquisition I Corp.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, the Company or any officer or director or controlling person of the UnderwritersCompany and shall survive delivery of and payment for the Securities.
Appears in 35 contracts
Samples: Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter.
Appears in 31 contracts
Samples: Underwriting Agreement (Tactile Systems Technology Inc), Underwriting Agreement (Healthequity, Inc.), Underwriting Agreement (United States Steel Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Underwriting Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Underwriting Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Underwriting Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 27 contracts
Samples: Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, on the one hand, and the Underwriters Underwriters, on the other hand, contained in this the Pricing Agreement or made by or on behalf of the Company or the Underwriters pursuant to this the Pricing Agreement or any certificate delivered pursuant hereto shall will survive the delivery of and payment for the Shares Securities and shall will remain in full force and effect, regardless of any termination of this the Pricing Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 27 contracts
Samples: Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the UnderwritersUnderwriter.
Appears in 24 contracts
Samples: Graftech International LTD, Graftech International LTD, Graftech International LTD
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 24 contracts
Samples: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (Avalonbay Communities Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.
Appears in 19 contracts
Samples: Administration Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Sixth Street Specialty Lending, Inc.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.
Appears in 18 contracts
Samples: Underwriting Agreement (Best Buy Co Inc), Underwriting Agreement (Best Buy Co Inc), Martin Marietta Materials Inc
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.
Appears in 18 contracts
Samples: Underwriting Agreement (Silvercrest Asset Management Group Inc.), Keycorp /New/, Underwriting Agreement (Silvercrest Asset Management Group Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 18 contracts
Samples: Letter Agreement (Terns Pharmaceuticals, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.), Deposit Agreement (Brighthouse Financial, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes to the Underwriters and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 16 contracts
Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Tampa Electric Co
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares 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 the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 16 contracts
Samples: Underwriting Agreement (Centex Corp), Underwriting Agreement (Centex Corp), Underwriting Agreement (Centex Corp)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any officer or director or controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Designated Securities.
Appears in 16 contracts
Samples: Hershey Co, Hershey Co, Hershey Co
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation or any investigation statement as to the results thereof made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Designated Securities.
Appears in 15 contracts
Samples: Underwriting Agreement (Pitney Bowes Inc /De/), Underwriting Agreement (Pitney Bowes Inc /De/), Pitney Bowes Inc /De/
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 15 contracts
Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Underwriting Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Underwriting Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the First Mortgage Bonds.
Appears in 15 contracts
Samples: Underwriting Agreement (Union Electric Co), Underwriting Agreement (Ameren Corp), Underwriting Agreement (Ameren Illinois Co)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section β7 hereof.
Appears in 13 contracts
Samples: Underwriting Agreement (Project Energy Reimagined Acquisition Corp.), Underwriting Agreement (Project Energy Reimagined Acquisition Corp.), Underwriting Agreement (Frontier Investment Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter.
Appears in 13 contracts
Samples: Underwriting Agreement (Senseonics Holdings, Inc.), Underwriting Agreement (CalAtlantic Group, Inc.), C1 Merger Agreement (Bank of the Ozarks Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 12 contracts
Samples: Underwriting Agreement (Materialise Nv), Underwriting Agreement (Materialise Nv), Jumia Technologies AG
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Operating Partnership or the Underwriters.
Appears in 11 contracts
Samples: Mid-America Apartments, L.P., Mid-America Apartments, L.P., Mid-America Apartments, L.P.
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Shareholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters.
Appears in 11 contracts
Samples: Underwriting Agreement (Tronox Holdings PLC), Underwriting Agreement (Exxaro Resources LTD), Weight Watchers (Weight Watchers International Inc)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.
Appears in 11 contracts
Samples: Letter Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pricing Agreement (Innocoll AG), Underwriting Agreement (Materialise Nv)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto hereto, shall survive the delivery of and payment for the Shares 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 the Company any of them or the Underwritersany person controlling any of them.
Appears in 11 contracts
Samples: Underwriting Agreement (Magellan Midstream Partners, L.P.), Underwriting Agreement (Magellan Midstream Partners, L.P.), Underwriting Agreement (Magellan Midstream Partners, L.P.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company, the Underwriters or any controlling persons of the Company or Underwriter and shall survive the Underwritersdelivery of and payment for the Securities. The provisions of Sections 7 and 10 hereof shall survive any termination of this Agreement.
Appears in 11 contracts
Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Section 7 and Section 10 will survive the termination or cancellation of this Agreement.
Appears in 10 contracts
Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.
Appears in 9 contracts
Samples: Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.
Appears in 9 contracts
Samples: Underwriting Agreement (Monsanto Co /New/), Underwriting Agreement (Monsanto Co /New/), Underwriting Agreement (Monsanto Co /New/)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Transaction Entities, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Transaction Entities or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Transaction Entities, the Selling Stockholders or the Underwriters.
Appears in 8 contracts
Samples: ESH Hospitality, Inc., ESH Hospitality, Inc., ESH Hospitality, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement herein or made by or on behalf of the Company or the Underwriters pursuant to this Agreement hereto or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this a Terms Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 8 contracts
Samples: Terms Agreement (Murphy Oil Corp), Terms Agreement (Murphy Oil Corp), Terms Agreement (Murphy Oil Corp /De)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Guarantors and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Guarantors or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.
Appears in 7 contracts
Samples: Omnicare Inc, M I Homes Inc, Underwriting Agreement (Omnicare Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Amarin Corp Plc\uk), Underwriting Agreement (Amarin Corp Plc\uk), Mesoblast LTD
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Palatin Technologies Inc), Palatin Technologies Inc, EnteroMedics Inc
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter or the UnderwritersCompany, or any officer or director of the Company, and shall survive delivery of and payment for the Designated Securities.
Appears in 6 contracts
Samples: Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 6 contracts
Samples: Underwriting Agreement (Dynacure S.A.), Underwriting Agreement (Freeline Therapeutics Holdings PLC), Underwriting Agreement (Zai Lab LTD)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, or the Company, or any officer or director or controlling person of the Company or and shall survive delivery of and payment for the UnderwritersShares.
Appears in 6 contracts
Samples: Petro Resources Corp, Total Control (Total Control Products Inc), Underwriting Agreement (Tier Technologies Inc)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or in certificates made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.
Appears in 6 contracts
Samples: Underwriting Agreement (Datawatch Corp), Underwriting Agreement (Glu Mobile Inc), Underwriting Agreement (Datalink Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Parent and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, Parent or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Parent or the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Canadian Pacific Railway LTD/Cn), VEREIT Operating Partnership, L.P., Canadian Pacific Railway LTD/Cn
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement Agreement, or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto Agreement, shall survive the delivery of and payment for the Shares Certificates and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them. The provisions of Sections V, VII and VIII hereof shall survive the Company termination or the Underwriterscancellation of this Agreement.
Appears in 6 contracts
Samples: Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 6 contracts
Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (Yoshitsu Co., LTD)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Operating Partnership or the Underwriters.
Appears in 5 contracts
Samples: Schottenstein Realty Trust, Inc., Underwriting Agreement (Piedmont Office Realty Trust, Inc.), Columbia Equity Trust, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (E Trade Financial Corp), Underwriting Agreement (E Trade Financial Corp), Underwriting Agreement (E TRADE FINANCIAL Corp)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter, or the Company or any officer or director or controlling person of the UnderwritersCompany and shall survive delivery of and payment for the Securities.
Appears in 5 contracts
Samples: Underwriting Agreement (Allstate Corp), Underwriting Agreement (Allstate Corp), Underwriting Agreement (Allstate Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Securities. The provisions of Section 7 shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (KKR Financial Holdings LLC), Underwriting Agreement (KKR Financial Holdings LLC), Underwriting Agreement (KKR Financial Holdings LLC)
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, agreements and agreements other statements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Discover Financial Services, Discover Financial Services, Underwriting Agreement (Discover Financial Services)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Transaction Entities and the Underwriters contained in this Agreement or made by or on behalf of the Company Transaction Entities or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Transaction Entities or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Piedmont Office Realty Trust, Inc.), Piedmont Office Realty Trust, Inc., Piedmont Office Realty Trust, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, agreements and agreements other statements of the Company or its officers and the Underwriters contained in this Agreement or made by or on behalf of the Company or its officers or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or any of the Indemnified Persons referred to in Section 7 hereof.
Appears in 5 contracts
Samples: Underwriting Agreement (Frontier Communications Corp), Frontier Communications Corp, Frontier Communications Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Underwritten Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 4 contracts
Samples: Synovus Financial (Synovus Financial Corp), Synovus Financial Corp, Synovus Financial Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Sections 9 and 13(b) hereof shall survive the termination or cancellation of this Agreement.
Appears in 4 contracts
Samples: Letter Agreement (Globant S.A.), Letter Agreement (Globant S.A.), Globant S.A.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 4 contracts
Samples: Underwriting Agreement (Generation Asia I Acquisition LTD), Administrative Services Agreement (Generation Asia I Acquisition LTD), Underwriting Agreement (AF Acquisition Corp.)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (E TRADE FINANCIAL Corp), Underwriting Agreement (Citadel L P)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in Sections 3, 4, 9 and 17(c) of this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Execution Version (Burlington Stores, Inc.), Execution Version (Burlington Stores, Inc.), Burlington Stores, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Trinity Capital Inc.), Trinity Capital Inc., Credit Agreement (Lone Pine Resources Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters, including any substitute Underwriters pursuant to Section 9 hereof, contained in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto Agreement, shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany person controlling any of them.
Appears in 4 contracts
Samples: Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Vantiv, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Manager or the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company and the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company and the Operating Partnership or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or their respective affiliates.
Appears in 3 contracts
Samples: Coterra Energy Inc., Underwriting Agreement (Cimarex Energy Co), Underwriting Agreement (Cimarex Energy Co)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation (or any statement as to the results thereof) made by or on behalf of the Company Underwriters or any controlling person of the Underwriters, or the UnderwritersCompany, or any officer or director or controlling person of the Company and shall survive delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Underwriting Agreement (Radiant Logistics, Inc), Underwriting Agreement (General Finance CORP), Underwriting Agreement (International Shipholding Corp)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Shareholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (Third Point Reinsurance Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.), Axalta Coating Systems Ltd.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Offered Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Stratasys Ltd.), Underwriting Agreement (Objet LTD), Underwriting Agreement (SodaStream International Ltd.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the 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 the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 3 contracts
Samples: Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.
Appears in 3 contracts
Samples: TPG Specialty Lending, Inc., TPG Specialty Lending, Inc., TPG Specialty Lending, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholders or the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Lock Up Agreement (Vantiv, Inc.), Up Agreement (Vantiv, Inc.), Vantiv, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and Company, the Underwriters contained in this Agreement or made by or on behalf of the Company or Company, the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 3 contracts
Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 3 contracts
Samples: Underwriting Agreement (SONDORS Inc.), BioAtla, Inc., Platinum Group Metals LTD
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Shareholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters.
Appears in 3 contracts
Samples: Azul Sa, IESI-BFC LTD, Ternium S.A.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Section 6 and Section 9 hereof shall survive the termination or cancellation of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Cowen Inc.), Underwriting Agreement (Cowen Inc.), Underwriting Agreement (Cowen Group, Inc.)
Survival. The respective indemnities, rights of 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 the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Guidewire Software, Inc.), Trulia, Inc., Trulia, Inc.
Survival. The respective indemnities, rights of 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 the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.
Appears in 3 contracts
Samples: Walgreens Boots Alliance, Inc., Walgreens Boots Alliance, Inc., Walgreens Boots Alliance, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons, employees, agents or affiliates referred to in Section 7 hereof.
Appears in 3 contracts
Samples: IDEAYA Biosciences, Inc., IDEAYA Biosciences, Inc., IDEAYA Biosciences, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares 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 the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 3 contracts
Samples: Underwriting Agreement (First American Corp), Underwriting Agreement (First American Corp), First American Financial Corp
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Acquity Group LTD), Criteo S.A., ShangPharma Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholder or the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Lock Up Agreement (Vantiv, Inc.), Lock Up Agreement (Vantiv, Inc.), Vantiv, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Public Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section β7 hereof.
Appears in 3 contracts
Samples: Underwriting Agreement (Silverman Acquisition Corp I), Underwriting Agreement (Northern Genesis Acquisition Corp. II), Underwriting Agreement (Northern Genesis Acquisition Corp. II)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company Company, each and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, or the Company or any, or any officer or director or controlling person of the UnderwritersCompany or any and shall survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Underwriting Agreement (Quinton Cardiology Systems Inc), Underwriting Agreement (Quinton Cardiology Systems Inc)
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Selling Stockholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Nasdaq, Inc.), Borse Dubai LTD
Survival. The respective indemnities, rights of contribution, 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 the Company Company, the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Operating Partnership or the Underwriters.
Appears in 2 contracts
Samples: Management Agreement (Arbor Realty Trust Inc), Arbor Realty Trust Inc
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 2 contracts
Samples: E TRADE FINANCIAL Corp, Underwriting Agreement (E Trade Financial Corp)
Survival. The respective indemnities, rights of contribution, agreements, representations, warranties and agreements other statements of the Company Corporation or its officers and of the several Underwriters contained set forth in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall will remain in full force and effect, regardless of any termination of this Agreement investigation, or any investigation statement as to the results thereof, made by or on behalf of the Company any Underwriter or the UnderwritersCorporation, or any of its officers or directors or any controlling person, and shall survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Credit Agreement (Duke Energy CORP), Underwriting Agreement (Duke Energy CORP)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, or the Company or any officer or director or controlling person of the Underwriters.Company, and shall survive delivery of and payment for the Shares
Appears in 2 contracts
Samples: Underwriting Agreement (First Foundation Inc.), Underwriting Agreement (First Foundation Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the 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 the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 2 contracts
Samples: Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares 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 the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 2 contracts
Samples: Forest Oil Corp, Chandler Usa Inc
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Xxxxxxx Xxxxx contained in this Agreement or made by or on behalf of the Company or the Underwriters Xxxxxxx Xxxxx pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersXxxxxxx Xxxxx.
Appears in 2 contracts
Samples: Distribution Agreement (Harvest Natural Resources, Inc.), Form of Distribution Agreement (Cb Richard Ellis Group Inc)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, the Company or any officer or director or controlling person of the UnderwritersCompany and shall survive delivery of and payment for the Shares.
Appears in 2 contracts
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers controlling persons or affiliates referred to in Section 6 hereof.
Appears in 2 contracts
Samples: Intra-Cellular Therapies, Inc., Intra-Cellular Therapies, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Wanda Sports Group Co LTD), Underwriting Agreement (Wanda Sports Group Co LTD)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Guarantors, and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Guarantors or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Heico Corp), Warner Bros. Discovery, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Guarantors, and the Underwriters contained in this Agreement or made by or on behalf of the Company or and the Guarantors, the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.
Appears in 2 contracts
Samples: Tenneco Inc, Tenneco Inc
