Common use of Conditions of Agent’s Obligation Clause in Contracts

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 37 contracts

Samples: Terms Agreement (Arcellx, Inc.), Sales Agreement (PepGen Inc.), Terms Agreement (Cue Biopharma, Inc.)

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Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company and the Operating Partnership herein or in certificates of any officer of the Company or authorized representative of the Operating Partnership delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company and the Operating Partnership shall have performed all of its their respective obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 12 contracts

Samples: Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP), Sales Agreement (Retail Opportunity Investments Partnership, LP)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company Transaction Entities herein or in certificates of any officer of the Company any Transaction Entity delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company Transaction Entities shall have performed all of its their obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 9 contracts

Samples: Terms Agreement (Ladder Capital Corp), Terms Agreement (Sl Green Realty Corp), Contribution Agreement (Sl Green Realty Corp)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company and the Operating Partnership herein or in certificates of any officer of the Company or the Operating Partnership delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company and the Operating Partnership shall have performed all of its their obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 9 contracts

Samples: Equity Distribution Agreement (Highwoods Realty LTD Partnership), Equity Distribution Agreement (Highwoods Realty LTD Partnership), Equity Distribution Agreement (Highwoods Realty LTD Partnership)

Conditions of Agent’s Obligation. The obligations of the Agent Agents hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 8 contracts

Samples: Terms Agreement (Xenon Pharmaceuticals Inc.), Terms Agreement (Xenon Pharmaceuticals Inc.), Terms Agreement (Viking Therapeutics, Inc.)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 5 contracts

Samples: Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offeringsm Sales Agreement (Starwood Property Trust, Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc)

Conditions of Agent’s Obligation. The obligations of the Agent Agents hereunder shall be subject, in its each of their sole discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 5 contracts

Samples: Terms Agreement (Home Properties Inc), Equity Offeringsm Sales Agreement (Home Properties Inc), Common Stock (Home Properties Inc)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company Partnership Parties herein or in certificates of any officer of the Company any Navios Entity delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Sales Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company Partnership Parties shall have performed all of its their obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 3 contracts

Samples: Navios Maritime Partners L.P., Navios Maritime Partners L.P., Navios Maritime Partners L.P.

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 2 contracts

Samples: HilleVax, Inc., Ligand Pharmaceuticals Inc

Conditions of Agent’s Obligation. The obligations of the Agent Agents hereunder shall be subject, in its their discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of (i) the time of the execution of this Agreement, (ii) with respect to a specific offering and sale of Shares pursuant to a Terms Agreement, the date of any executed Terms Agreement and (iii) as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its covenants and other obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 2 contracts

Samples: Terms Agreement (Hcp, Inc.), Terms Agreement (Hcp, Inc.)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its sole discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 2 contracts

Samples: Equity Distribution Agreement (Hampton Roads Bankshares Inc), Sales Agency Agreement (FNB United Corp.)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Earnings Report Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 2 contracts

Samples: Terms Agreement (ONESPAWORLD HOLDINGS LTD), Terms Agreement (Neuralstem, Inc.)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Earnings Report Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 2 contracts

Samples: Sales Agreement (DryShips Inc.), Sales Agreement (DryShips Inc.)

Conditions of Agent’s Obligation. The obligations of the Agent Agents hereunder shall be subject, in its their discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this AgreementCommencement Time, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 2 contracts

Samples: Market Equity Distribution Agreement (TMC the Metals Co Inc.), Market Equity Distribution Agreement (W&t Offshore Inc)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement Agreement, and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (Horsehead Holding Corp)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company and the Operating Partnership herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company and the Operating Partnership shall have performed all of its their respective obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (CapLease, Inc.)

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Conditions of Agent’s Obligation. The obligations of the Agent Agents hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each the latest Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (Angion Biomedica Corp.)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties of the Company herein and other statements of the Company herein or and its officers made in any certificates of any officer of the Company delivered pursuant to the provisions hereof this Agreement and in any confirmations delivered under Section 2(j) of this Agreement are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Earnings Report Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (Old Dominion Freight Line Inc/Va)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its the Agent’s discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (MEI Pharma, Inc.)

Conditions of Agent’s Obligation. The obligations of the Agent Agents hereunder shall be subject, in its each Agent’s discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (MEI Pharma, Inc.)

Conditions of Agent’s Obligation. The obligations of each of the Agent Agents hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Earnings Report Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Valley National Bancorp (Valley National Bancorp)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein herein, or in certificates of any officer of the Company delivered pursuant to the provisions hereof hereof, are true and correct as of the time of the execution of this Agreement, as of the date of any executed applicable Terms Agreement Agreement, and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (Endologix Inc /De/)

Conditions of Agent’s Obligation. The obligations of the each Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company Partnership Parties herein or in certificates of any officer of the Company Partnership Parties delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Representation Date, Applicable Time and Settlement Date, to the condition that the Company Partnership Parties shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (PVR Partners, L. P.)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: FutureFuel Corp.

Conditions of Agent’s Obligation. The obligations of the Agent Agents hereunder shall be subject, in its their discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Earnings Report Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Stifel Financial Corp)

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