Conditions of Agent’s Obligations. The obligations of the Agents hereunder shall be subject, in 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 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 10 contracts
Samples: Acadia Realty Trust (Acadia Realty Trust), Terms Agreement (UDR, Inc.), Acadia Realty Trust (Acadia Realty Trust)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder shall be subject, in 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 Representation 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 4 contracts
Samples: Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/), Distribution Agreement (Central Pacific Financial Corp)
Conditions of Agent’s Obligations. The obligations of the Agents hereunder shall be subject, in each of their sole 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 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 3 contracts
Samples: Equity Offering Sales Agreement (HyreCar Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc), Equity Offering Sales Agreement (One Liberty Properties Inc)
Conditions of Agent’s Obligations. The obligations of the Agents each Agent hereunder shall be subject, in each of their sole 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 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: Offeringsm Sales Agreement (Exterran Partners, L.P.)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder shall be subject, in each of their 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 Representation Date, Applicable Time and Settlement Delivery 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: Sales Agreement (Carver Bancorp Inc)
Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder shall be subject, in each of their sole 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 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 1 contract
