Common use of Conditions of Underwriters’ Obligations Clause in Contracts

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Shares as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing DateDate and any later date on which Option Shares are to be purchased, as the case may be, of the representations and warranties of the Company and the Selling Stockholders herein, to the performance by the Company and the Selling Stockholders of its their respective obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Bonds on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company as of contained herein at the date hereof of this Agreement and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several respective obligations of the several Underwriters to purchase and pay for the Securities shall be hereunder are subject to the accuracy, on and as of the date of the Underwriting Agreement and the Closing Date, of the representations and warranties of the Company contained herein, to the accuracy of the representations and warranties on the part statements of the Company as of the date hereof and the Closing Dateits officers made in any certificates delivered pursuant hereto, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to each of the following further additional terms and conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Shares as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing DateDate and any later date on which Option Shares are to be purchased, as the case may be, of the representations and warranties of the Company and the Selling Shareholders herein, to the performance by the Company and the Selling Shareholders of its their respective obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Notes on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company as of contained herein at the date hereof of this Agreement and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be subject which they have agreed to the accuracy of the representations and warranties on the part of purchase hereunder from the Company are subject, as of the date hereof and as of the Closing Date and the Option Closing Date, to the continuing accuracy of, and compliance with, the representations and warranties of the Company herein, to the accuracy of statements of officers of the Company made pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Bonds shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as and of the date hereof and the Closing Date, to the performance any certificates furnished by the Company of its obligations to be performed hereunder prior to on the Closing Date, Date and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Underwriter as provided herein shall be subject to the continuing accuracy of the representations and warranties on the part of the Company herein contained as of the date hereof and through and including the Closing Datedate of termination of the offering, to the performance by the Company of its obligations hereunder theretofore to be performed hereunder prior to the Closing Dateperformed, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Bonds, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing Date (as if made on the Closing Date), of the representations and warranties of the Company herein, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Offered Securities shall be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing Date, to the performance by the Company of its obligations to be performed hereunder under the Underwriting Agreement at or prior to the Closing Date, to the continued accuracy in all material respects of the representations and warranties of the Company contained in the Underwriting Agreement, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriters' obligation to purchase and pay for the Securities Firm Shares and Additional Shares, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to you, as of the date hereof and as of the Closing Date (or the Additional Closing Date, as the case may be), to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing Date (as if made at the Closing Date), of the representations and warranties of the Company herein, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Securities Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of the Closing Date, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Shares as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing DateDate and any later date on which Option Shares are to be purchased, to as the case may be, of the representations and warranties of the Company and the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Shares, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and as of the Closing Date (and, if applicable, the Option Closing Date), of the representations and warranties of the Company contained herein, to the performance by the Company of its covenants and obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as and of the date hereof and the Closing Date, to the performance any certificates furnished by the Company of its obligations to be performed hereunder prior to on the Closing Date, Date and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Shares shall be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Bonds, as provided herein, shall be subject to the accuracy accuracy, as of the date hereof, as of the Applicable Time and as of the Closing Date, of the representations and warranties on the part of the Company as of the date hereof and the Closing Dateherein, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors contained herein as of the date hereof Execution Time and the Closing DateTime, to the accuracy of the statements of the Company and the Guarantors made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Guarantors of its their respective obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of --------------------------------------- the Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Shares, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and as of the Closing Date (and, if applicable, the Option Closing Date), of the representations and warranties of the Company and the Operating Partnership contained herein, to the performance by the Company and the Operating Partnership of its their covenants and obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations obligation of the Underwriters each Underwriter to purchase and pay for Securities on the Securities shall be Closing Date as provided herein is subject to the accuracy of the representations and warranties on the part of the Company as of contained herein being true and correct on the date hereof and on and as of the Closing Date, to the performance by the Company of its covenants and other obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be that they have respectively agreed to purchase hereunder are subject to the accuracy of the representations and warranties on the part of each of the Company as of and the Guarantors contained herein on the date hereof and on the Closing DateDate or in certificates of any officer of the Company or any Guarantor delivered pursuant to the provisions hereof, to the performance by the Company and the Guarantors of its their obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Securities, as provided herein, shall be subject to the continuing accuracy in all material aspects of the representations and warranties on the part of the Company as of the date hereof and as of each of the Closing DateDates, to the accuracy in all material respects of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, in all material respects and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder contained herein as of the date hereof Execution Time and the Closing DateTime, to the accuracy of the statements of the Company and the Selling Stockholder made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of its their respective obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall be are subject to the accuracy of the representations and warranties on the part of the Company as herein on the Representation Date and at the Closing Date (including those contained in the Pricing Agreement), to the accuracy of the date hereof and statements of officers of the Closing DateCompany made pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several --------------------------------------- obligations of the Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties made herein on the part of the Company as of the date hereof and the Closing DateCompany, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters and the QIU to purchase and pay for the Securities Public Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of the Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Shares as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing DateDate and the date on which Option Shares are to be purchased, to as the case may be, of the representations and warranties of the Company and the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriters' obligation to purchase and pay for the Securities Common Stock and Warrants and the Additional Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to you, as of the date hereof and as of the Closing Date (or the Additional Closing Date, as the case may be), to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Firm Shares and the Additional Shares, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Manager herein contained, as of the date hereof and as of the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the applicable Closing Date, and to the performance by each of the Company and the Manager of all of its obligations hereunder, and to each of the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Designated Securities as provided in the Pricing Agreement shall be subject to the accuracy accuracy, as of the date of such Pricing Agreement and the Closing Date (as if made at the Closing Date), of the representations and warranties on the part of the Company as of and Arcadia Financial in the date hereof and the Closing DatePricing Agreement, to the performance by the Company and Arcadia Financial of its their respective obligations to be performed hereunder prior to under the Closing Date, Pricing Agreement and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing DateCompany, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the --------------------------------------- Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties made herein on the part of the Company as of the date hereof and the Closing DateCompany, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder to purchase and pay for the Securities shall be at the Closing Time or each Date of Delivery, as the case may be, are subject to the accuracy of the representations and warranties on the part of the Company as and the Bank contained in Section 1 hereof or in certificates of any officer of the date hereof and Company or any subsidiary of the Closing DateCompany delivered pursuant to the provisions hereof, to the performance by the Company and the Bank of its their covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof Execution Time and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder as to purchase Initial Securities to be delivered and pay for purchased at the Closing Time and Option Securities shall to be delivered and purchased at any relevant Date of Delivery are subject to the accuracy of the representations and warranties on the part of the Company as contained in Section 1 hereof or in certificates of any officer of the date hereof and Company delivered pursuant to the Closing Dateprovisions hereof, to the performance by the Company of its covenants and other obligations hereunder theretofore to be performed hereunder prior to the Closing Dateor satisfied by it, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the --------------------------------------- Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations Underwriter's obligation to act as Agents of the Underwriters Company hereunder and to purchase and pay find purchasers for the Securities shall be securities being offered and to make payment to the Company on the Closing Date is subject to the accuracy of and compliance with the representations and warranties on the part of the Company herein as of the date hereof and as of the Closing Date, to the performance by the Company of its obligations and covenants hereunder, to the accuracy of certificates of the Company and officers of the Company to be performed hereunder prior delivered pursuant to this Agreement, all as to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be at the Closing Time as provided herein are subject to the accuracy of the representations and warranties on the part of the Company as contained herein or in certificates of any officer of the date hereof and Company or any of its Subsidiaries delivered pursuant to the Closing Dateprovisions hereof, to the performance by the Company of its covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the --------------------------------------- Underwriters to purchase and pay for the Preferred Trust Securities shall be subject to the accuracy of the representations and warranties made herein on the part of the Company as each of the date hereof and the Closing DateOfferors, to the performance by each of the Company Offerors of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof Execution Time and the Closing DateTime, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Preferred Securities shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as Offerors and of any certificates furnished by the date hereof and Offerors on the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, Date and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Shares as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing DateDate and any later date on which Option Shares are to be purchased, as the case may be, of the representations and warranties of the Company to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several --------------------------------------- obligations of the Underwriters to purchase and pay for the Preferred Trust Securities shall be subject to the accuracy of the representations and warranties made herein on the part of the Company as each of the date hereof and the Closing DateOfferors, to the performance by each of the Company Offerors of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder, as to purchase and pay for the Securities shall to be delivered at the Closing Time, are subject to the accuracy accuracy, at and as of the Closing Time, of the representations and warranties on the part of the Company as contained in Section 1 hereof or in certificates of any officer of the date hereof and Company or any of its subsidiaries delivered pursuant to the Closing Dateprovisions hereof, to the performance by each of the Company of its covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Securities Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of each of the Closing Date, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Securities Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof, and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters hereunder to purchase and pay for the Securities shall be at the Closing Time are subject to the accuracy of the representations and warranties on the part of the Company as contained in Section 1 hereof or in certificates of any officer of the date hereof and Company or any subsidiary of the Closing DateCompany delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Firm Securities and Option Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be subject which they have agreed to the accuracy of the representations and warranties on the part of purchase hereunder from the Company are subject, as of the date hereof and as of the Closing Date and the Option Closing Date, as the case may be, to the continuing accuracy of, and compliance with, the representations and warranties of the Company herein, to the accuracy of statements of officers of the Company made pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several Underwriters' obligations of the Underwriters to purchase and pay for the Securities Securities, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and as of the Closing Date (as if made on the Closing Date), of the representations and warranties of the Company and the Selling Stockholders herein, to the accuracy of statements made in each certificate delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several --------------------------------------- obligations of the Underwriters to purchase and pay for the Debt Securities shall be subject to the accuracy of the representations rep- resentations and warranties made herein on the part of the Company as of the date hereof and the Closing DateCompany, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Each Underwriter's obligation to purchase and pay for the Securities Certificates allocated to it as set forth on Schedule I hereto shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and as of the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Debentures shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as and of the date hereof and the Closing Date, to the performance any certificates furnished by the Company of its obligations to be performed hereunder prior to on the Closing Date, Date and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities on the Closing Date or any Option Closing Date, as applicable, shall be subject to the accuracy of the representations and warranties on the part of the Company as of contained herein at the date hereof of this Agreement and the Closing Date or any Option Closing Date, as applicable, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters each Underwriter to purchase and pay for the Initial Securities shall be on the Closing Time or the Option Securities on the Date of Delivery, as the case may be, are subject to the accuracy of the representations and warranties on the part of the Company as contained in Section 1 hereof or in certificates of any officer of the date hereof and Company or any Subsidiary delivered pursuant to the Closing Dateprovisions hereof, to the performance by the Company of its covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Trust Preferred Securities shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as of the date hereof Companies and the Closing Date, to the performance Trust and of any certificates furnished by the Company of its obligations to be performed hereunder prior to Companies and the Trust on the Closing Date, Date and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations obligation of the Underwriters each Underwriter to purchase and pay for Securities on the Securities shall be Closing Date as provided herein is subject to the accuracy of the representations and warranties on the part of the Company as contained herein or in certificates of any officer of the date hereof and Company delivered pursuant to the Closing Dateprovisions hereof, to the performance by the Company of its covenants and other obligations to be performed hereunder prior to as of or before the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations --------------------------------------- of the several Underwriters to purchase and pay for the Trust Preferred Securities shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as of the date hereof Companies and the Closing Date, to the performance Trust and of any certificates furnished by the Company of its obligations to be performed hereunder prior to Companies and the Trust on the Closing Date, Date and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter's obligation to purchase and pay for the Securities as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the each Closing Date (as if made at such Closing Date), of the representations and warranties of the Company and the Partnership herein, to the performance by the Company and the Partnership of its their obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Bonds, as provided herein, shall be subject to the accuracy accuracy, as of the date hereof, as of the Applicable Time and as of the Closing Date (as if made on the Closing Date), of the representations and warranties on the part of the Company as of the date hereof and the Closing Dateherein, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Shares as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company continuing accuracy, as of the date hereof and the Closing Date and any Option Closing Date, as the case may be, of the representations and warranties of the Company to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall be hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors herein contained at and as of the date hereof and the Closing DateDate as though then made, to the performance by the Company and the Guarantors of its their respective obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriters’ obligation to purchase and pay for the Securities Firm Shares and Firm Shares, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to you, as of the date hereof hereof, as of the Closing Date and the as of each Additional Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters any Underwriter to purchase and pay for the Underwriters' Securities shall on the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company as herein and to the accuracy of the date hereof and statements of the Closing DateCompany's officers made in any certificate furnished pursuant to the provisions hereof, to the performance and observance by the Company of all its obligations to be performed hereunder prior to the Closing Date, covenants and agreements herein contained and to the following further conditionsadditional conditions precedent:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Stock and the Additional Stock, as provided herein, shall be subject subject, in their discretion, to the continuing accuracy of the representations and warranties on the part of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to you, as of the date hereof and as of the Closing Date (or the Additional Closing Date, as the case may be), to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations Underwriter's obligation to act as agent of the Underwriters Company hereunder and to purchase and pay find purchasers for the Securities shall be Shares and to make payment to the Company on the Closing Date is subject to the accuracy of and compliance with the representations and warranties on an the part of the Company herein as of the date hereof and the as of the~ Closing Date, to the performance by the Company of its obligations and covenants hereunder, to the accuracy of certificates of the Company and officers of the Company to be performed hereunder prior delivered pursuant to this Agreement, all as at the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be that they have respectively agreed to purchase hereunder are subject to the accuracy of the representations and warranties on the part of the Company as of contained herein on the date hereof and on the Closing DateDate or in certificates of any officer of the Company or any Subsidiary delivered pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof Applicable Time and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder, as to purchase and pay for the Securities Shares to be delivered on the Closing Date, shall be subject subject, in its discretion, to the accuracy accuracy, when made and on and as of the Closing Date, of all representations and warranties on the part of the Company as and each of the date hereof and the Closing DateSelling Stockholders contained herein, to the performance by the Company and each of its the Selling Stockholders of all of their respective obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing DateDate and any later date on which Option Securities are to be purchased, as the case may be, of the representations and warranties of the Company to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase Underwritten Securities and pay for Option Securities, as the Securities shall be case may be, are subject to the accuracy of the warranties and representations and warranties on the part of the Company as of on the date hereof and hereof, at the Applicable Time, at the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, Time and at any Option Settlement Date and to the following further other conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriters' obligation to purchase and pay for the Securities Firm Shares and Additional Shares, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to you, as of the date hereof hereof, as of the Closing Date and the as of each Additional Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities as provided herein shall be subject to the accuracy accuracy, as of the date of this Agreement and the Closing Date (as if made at the Closing Date), of the representations and warranties on the part of the Company as of the date hereof and the Closing DateOfferors herein, to the performance by the Company Offerors of its their obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities shall on the Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing Dateherein contained, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Bonds shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as of the date hereof Funding Corporation and the Closing Date, to the performance Company and of any certificates furnished by the Funding Corporation and the Company of its obligations to be performed hereunder prior to on the Closing Date, Date and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Securities Shares, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Shareholder herein contained, as of the date hereof and as of the Closing Date, to the performance by the Company of all of its obligations to be performed hereunder prior to the Closing Datehereunder, and to each of the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Firm Securities and Option Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities Shares, as provided herein, shall be subject subject: (x) to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing Date and any later Overallotment Closing Date, as the case may be, of the representations and warranties of the Company herein and to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, hereunder; and (y) to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall be subject which they have agreed to the accuracy of the representations and warranties on the part of purchase hereunder from the Company are subject, as of the date hereof and as of the Closing Date, to Date and the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:Option

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Bonds shall be subject to the accuracy of the representations and warranties on the part of the Company as Company, to the substantial accuracy of the date hereof and statements of Company officers made pursuant to the Closing Dateprovisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters each Underwriter to purchase and pay for the Securities shall be on the Closing Time are subject to the accuracy of the representations and warranties on the part of the Company as contained in Section 1 hereof or in certificates of any officer of the date hereof and Company or any Subsidiary delivered pursuant to the Closing Dateprovisions hereof, to the performance by the Company of its covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations --------------------------------------- of the Underwriters to purchase and pay for the Trust Preferred Securities shall be subject to the accuracy on the date hereof and on the Closing Date of the representations and warranties made herein on the part of the Company as of the date hereof Companies and the Closing Date, to the performance Trust and of any certificates furnished by the Company of its obligations to be performed hereunder prior to Companies and the Trust on the Closing Date, Date and to the following further conditions:

Conditions of Underwriters’ Obligations. The several --------------------------------------- obligations of the Underwriters to purchase and pay for the Securities Shares shall be subject to the accuracy of the representations and warranties made herein on the part of the Company as of the date hereof and the Closing DateCompany, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities shall on the Closing Date will be subject to the truth and accuracy in all material respects of the representations and warranties on the part of the Company herein at and as of the date Closing Date, to the truth and accuracy in all material respects of the written statements of Company officers made pursuant to the provisions hereof at and as of the Closing Date, to the performance by the Company in all material respects of its obligations to be performed hereunder prior to the Closing Datehereunder, and to each of the following further additional terms and conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters to purchase and pay for the Securities Bonds, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and as of the Closing Date (as if made on the Closing Date), of the representations and warranties of the 15 -15- Company herein, to the accuracy of statements of Company officers made in certificates delivered pursuant to the provisions hereof, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Securities Firm Stock and the Additional Stock, as provided herein, shall be subject subject, in their discretion, to the continuing accuracy of the representations and warranties on the part of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to you, as of the date hereof and as of the Closing Date (or the Additional Closing Date, as the case may be), to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter's obligation to purchase and pay for the Securities Offered Certificates allocated to it as set forth on Schedule I hereto shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and as of the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Securities shall be on the Closing Time are subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof and as of the Closing DateTime or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company of its their respective covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of --------------------------------------- the Underwriters to purchase and pay for the Preferred Trust Securities shall be subject to the accuracy of the representations and warranties made herein on the part of the Company as each of the date hereof and the Closing DateOfferors, to the performance by each of the Company Offerors of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Securities as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company accuracy, as of the date hereof and the Closing Date (as if made at the Closing Date), of the representations and warranties of the Company herein, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several --------------------------------------- obligations of the Underwriters hereunder to purchase and pay for Securities on the Securities shall be Closing Date are subject to the accuracy accuracy, as of the date of the Agreement and as of the Closing Date, of the representations and warranties on the part of the Company as of the date hereof and the Closing DateCompany, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of --------------------------------------- the several Underwriters to purchase and pay for the Securities as provided herein shall be subject to the accuracy accuracy, as of the date of this Agreement and the Closing Date (as if made at the Closing Date), of the representations and warranties on the part of the Company as of the date hereof and the Closing DateOfferors herein, to the performance by the Company Offerors of its their obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of --------------------------------------- the Underwriters to purchase and pay for the Securities Shares shall be subject to the accuracy of the representations and warranties on the part of the Company as of the date hereof and the Closing Date, to the performance by the Company of its obligations to be performed hereunder prior to the Closing Date, and to the following further conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase borrow and pay for the Securities Shares, as provided herein, shall be subject to the accuracy of the representations and warranties on the part of the Company herein contained, as of the date hereof and as of the Closing Date, to the performance by the Company of all of its obligations to be performed hereunder prior to the Closing Datehereunder, and to each of the following further additional conditions:

Conditions of Underwriters’ Obligations. The several obligations of the Underwriters Underwriter to purchase and pay for the Initial Securities shall be on the Closing Time or the Option Securities on the Date of Delivery, as the case may be, are subject to the accuracy of the representations and warranties on the part of the Company as contained in Section 1 hereof or in certificates of any officer of the date hereof and Company or any Subsidiary delivered pursuant to the Closing Dateprovisions hereof, to the performance by the Company of its covenants and other obligations to be performed hereunder prior to the Closing Datehereunder, and to the following further conditions: