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 Sales Agreement, the date of any executed Terms Agreement and as of each 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 2 contracts

Samples: Sales Agreement (Navios Maritime Acquisition CORP), Sales Agreement (Navios Maritime Acquisition CORP)

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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 Trust herein or in certificates of any officer of the Company Trust 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 Representation Date, Applicable Time and Settlement Date, to the condition that the Company Trust shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Universal Health Realty Income Trust), Terms Agreement (Universal Health Realty Income Trust)

Conditions of Agent’s Obligation. The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all respective representations and warranties and other statements of the Company Trust and the Advisor herein or in certificates of any officer of the Company Trust 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 Representation Date, Applicable Time and Settlement Date, to the condition that the Company Trust shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Terms Agreement (Universal Health Realty Income Trust)

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 Sales Agreement, the date of any executed Terms Agreement and as of each Representation Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its their obligations hereunder theretofore to be performed, and the following additional conditions:

Appears in 1 contract

Samples: Equity Distribution Agreement (FXCM 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 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 Sales AgreementCommencement Time, the date of any executed Terms Agreement and as of each Representation Registration Statement Amendment 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 (Reata Pharmaceuticals Inc)

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