Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 282 contracts
Samples: Placement Agency Agreement (Cyclacel Pharmaceuticals, Inc.), Placement Agency Agreement (Aptevo Therapeutics Inc.), Placement Agency Agreement (Calidi Biotherapeutics, Inc.)
Certificates. Any certificate signed by an any officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 30 contracts
Samples: Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Capstead Mortgage Corp)
Certificates. Any certificate signed by an any officer of the Company Transaction Entities or any of their subsidiaries and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company Transaction Entities to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 15 contracts
Samples: Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent in connection herewith or to counsel for the Placement Agent in connection with any Offering shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 11 contracts
Samples: Placement Agency Agreement (Longfin Corp), Placement Agency Agreement (iSpecimen Inc.), Placement Agency Agreement (LMP Automotive Holdings, Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent Agents or to counsel for the Placement Agent Agents shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth therein.
Appears in 9 contracts
Samples: Placement Agency Agreement (Avenue Therapeutics, Inc.), Placement Agency Agreement (Avenue Therapeutics, Inc.), Placement Agency Agreement (Ispire Technology Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth statements made therein.
Appears in 7 contracts
Samples: Placement Agent Agreement (PetroShare Corp.), Placement Agent Agreement (PetroShare Corp.), Placement Agent Agreement (Daybreak Oil & Gas Inc)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company Company, as applicable, to the Placement Agent as to the matters set forth therein.
Appears in 7 contracts
Samples: Sales Agreement (ONCOSEC MEDICAL Inc), Moleculin Biotech, Inc., Brickell Biotech, Inc.
Certificates. Any certificate signed by an any officer of the Company and Company, any of its subsidiaries or the Manager delivered to the Placement Agent or to counsel for the Placement Agent pursuant to the terms of this Agreement shall be deemed to be a representation and warranty by the Company Company, such subsidiary, or the Manager, as the case may be, to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Ellington Financial Inc.), Equity Distribution Agreement (Ellington Financial LLC), Equity Distribution Agreement (Ellington Financial Inc.)
Certificates. Any certificate signed by an any officer of the Company and or the Operating Partnership delivered to the Placement Agent or to counsel for the Placement Agent pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent Agent’s Counsel shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 6 contracts
Samples: Placement Agency Agreement (Tian Ruixiang Holdings LTD), Placement Agency Agreement (SHENGFENG DEVELOPMENT LTD), Placement Agency Agreement (Tian Ruixiang Holdings LTD)
Certificates. Any certificate signed by an any duly authorized officer of the Company and delivered to the Placement Agent Agents or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent Purchasers as to the matters set forth thereincovered thereby.
Appears in 6 contracts
Samples: Placement Agency Agreement (Biolase, Inc), Placement Agency Agreement (Biolase, Inc), Placement Agency Agreement (Biolase, Inc)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 5 contracts
Samples: Placement Agency Agreement (Air Industries Group), Placement Agency Agreement (Air Industries Group), Placement Agency Agreement (Air Industries Group)
Certificates. Any certificate signed by an any officer of the Company Company, any of its subsidiaries or the Manager and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company Company, such subsidiary or the Manager, as the case may be, to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Sutherland Asset Management Corp), Equity Distribution Agreement (Sutherland Asset Management Corp)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent Agents or to counsel for the Placement Agent Source shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth therein.
Appears in 3 contracts
Samples: Placement Agency Agreement (India Globalization Capital, Inc.), Co Placement Agency Agreement (India Globalization Capital, Inc.), Placement Agency Agreement (India Globalization Capital, Inc.)
Certificates. Any certificate signed by an any officer of the Company and delivered to the Placement Agent Agents or to counsel for the Placement Agent Agents pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth thereincovered thereby.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Granite Point Mortgage Trust Inc.), Equity Distribution Agreement (Two Harbors Investment Corp.)
Certificates. Any certificate signed by an any officer of the Company and delivered to the Placement Agent Agents or to counsel for the Placement Agent Agents shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth thereincovered thereby.
Appears in 3 contracts
Samples: Sales Agency Agreement (Community Healthcare Trust Inc), Sales Agency Agreement (Community Healthcare Trust Inc), Sales Agency Agreement (Community Healthcare Trust Inc)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent and Investors as to the matters set forth therein.
Appears in 3 contracts
Samples: Placement Agent Agreement (Freeseas Inc.), Placement Agent Agreement (Freeseas Inc.), Placement Agent Agreement (Freeseas Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent Agents or to counsel for the Placement Agent Counsel (as defined below) shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth therein.
Appears in 2 contracts
Samples: Placement Agency Agreement (Nuwellis, Inc.), Placement Agency Agreement (Nuwellis, Inc.)
Certificates. Any certificate signed by an officer or on behalf of the Company and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Mitcham Industries Inc), Equity Distribution Agreement (Mitcham Industries Inc)
Certificates. Any certificate signed by an officer of the Company and delivered to the Co-Placement Agents or Placement Agent or to counsel for the Placement Agent Counsel (as defined below) shall be deemed to be a representation and warranty by the Company to the Co-Placement Agent Agents as to the matters set forth therein.
Appears in 2 contracts
Samples: Co Placement Agency Agreement (ContraVir Pharmaceuticals, Inc.), Placement Agency Agreement (ContraVir Pharmaceuticals, Inc.)
Certificates. Any certificate signed by an any officer of the Company or the Operating Partnership and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company or the Operating Partnership, as the case may be, to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Certificates. Any certificate signed by an any officer of the Company and Company, the Operating Partnership or the Manager delivered to the Placement Agent Agents or to counsel for the Placement Agent Agents pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company Company, the Operating Partnership or the Manager, as applicable, to the Placement Agent Agents as to the matters set forth thereincovered thereby.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.)
Certificates. Any certificate signed by an any officer of the Company and Company, the Operating Partnership or the Manager delivered to the Placement Agent or to counsel for the Placement Agent pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company Company, the Operating Partnership or the Manager, as applicable, to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company (and not in such officer’s personal capacity) to the Placement Agent as to the matters set forth therein.
Appears in 2 contracts
Samples: Placement Agency Agreement (bioAffinity Technologies, Inc.), Placement Agency Agreement (Worksport LTD)
Certificates. Any certificate signed by an authorized officer of the Company Corporation and delivered to the Placement Agent or to counsel for the Placement Offering Agent shall be deemed to be a representation and warranty by the Company Corporation to the Placement Offering Agent as to the matters set forth statements made therein.
Appears in 1 contract
Samples: Offering and Remarketing Agreement (Provena Foods Inc)
Certificates. Any certificate signed by an any officer of the Company and delivered to the Placement Agent Agents or to counsel for of the Placement Agent Agents pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth thereincovered thereby.
Appears in 1 contract
Certificates. Any certificate signed by an any officer of the Company and Manager delivered to the Placement Agent or to counsel for the Placement Agent as required or contemplated by the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company Manager to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Management Agreement (Invesco Mortgage Capital Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent Agents or to counsel for the Placement Agent Agents in connection with this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth therein. The Company acknowledges that the Placement Agents and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to the Placement Agents, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.
Appears in 1 contract
Certificates. Any certificate signed by an officer of the Company and delivered to the Co-Placement Agents or Placement Agent or to counsel for the Placement Agent Counsel shall be deemed to be a representation and warranty by the Company to the each Placement Agent as to the matters set forth therein.
Appears in 1 contract
Certificates. Any certificate signed by an any duly authorized officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent Purchasers as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Placement Agency Agreement (Sonoma Pharmaceuticals, Inc.)
Certificates. Any certificate signed by an any officer of the Company or any of its subsidiaries and delivered to the Placement Agent or to counsel for the Placement Agent in connection with this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Equity Distribution Agreement (Velocity Financial, Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Co-Placement Agent Agents or to counsel for the Co- Placement Agent Agents shall be deemed to be a representation and warranty by the Company to the Co-Placement Agent Agents as to the matters set forth therein.
Appears in 1 contract
Samples: Placement Agency Agreement (Cyclacel Pharmaceuticals, Inc.)
Certificates. Any certificate signed by an any officer of the Company or the Operating Partnerships and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to or in connection with the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Equity Distribution Agreement (Supertel Hospitality Inc)
Certificates. Any Each certificate signed by an any officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to this Agreement or in connection with the Offering contemplated hereby shall be deemed to be a representation and warranty by of the Company to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Fx Energy Inc
Certificates. Any certificate signed by an any officer of the Company Company, the Adviser or the Administrator and delivered to the Placement Agent Agents or to counsel for the Placement Agent Agents shall be deemed to be a representation and warranty by the Company Company, the Adviser or the Administrator, as the case may be, to the Placement Agent Agents as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Equity Distribution Agreement (Oaktree Specialty Lending Corp)
Certificates. Any certificate signed by an any officer of the Company and or any Subsidiary delivered to the Placement Agent or to counsel for the Placement Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.therein.(tt)
Appears in 1 contract
Samples: Voting Agreement (My Size, Inc.)
Certificates. Any certificate signed by an officer any management board member of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Placement Agency Agreement (ProQR Therapeutics N.V.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Representative, on behalf of any of the Placement Agent Agents, or to counsel for the Placement Agent Representative’s Counsel shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth therein.
Appears in 1 contract
Samples: Placement Agency Agreement (Ebang International Holdings Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to any of the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Placement Agency Agreement (Hancock Jaffe Laboratories, Inc.)
Certificates. Any certificate signed by an any officer of the Company Company, the Adviser, the Administrator or any of their respective subsidiaries and delivered to the Placement Agent Agents or to counsel for the Placement Agent Agents shall be deemed to be a representation and warranty by the Company Company, the Adviser or the Administrator, as the case may be, to the Placement Agent Agents as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth statements made therein.. SECTION 10
Appears in 1 contract
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent Agents shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 1 contract
Certificates. Any certificate signed by an any officer of the Company or any of its subsidiaries or the Manager (whether signed on behalf of such officer, the Company or such subsidiary or the Manager) and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company Company, such subsidiary or the Manager, as applicable, to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.)
Certificates. Any certificate signed by an any officer of the Company and or the Operating Partnership delivered to the Placement Agent or to counsel for the Placement Agent as required or contemplated by the terms or provisions of this Agreement shall be deemed to be a representation and warranty by the Company or the Operating Partnership, as applicable, to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Management Agreement (Invesco Mortgage Capital Inc.)
Certificates. Any certificate signed by an officer the President or Chief Financial Officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 1 contract
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company Company, as applicable, to the Placement Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Cerus Corp
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent Agents shall be deemed to be a representation and warranty by the Company to the Placement Agent Agents as to the matters set forth statements made therein.
Appears in 1 contract
Certificates. Any certificate signed by an any officer of the Company Company, the Adviser, the Administrator or any of their respective subsidiaries and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed to be a representation and warranty by the Company Company, the Adviser or the Administrator, as the case may be, to the Placement Agent as to the matters set forth thereincovered thereby.
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Certificates. Any certificate signed by an officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent in connection herewith shall be deemed to be a representation and warranty by the Company to the Placement Agent as to the matters set forth therein.
Appears in 1 contract
Samples: Placement Agency Agreement (Ritter Pharmaceuticals Inc)
