Common use of Conditions of Manager’s Obligations Clause in Contracts

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company, the Adviser and the Administrator of their obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 25 contracts

Samples: Terms Agreement (Ares Capital Corp), Equity Distribution Agreement (Apollo Investment Corp), Terms Agreement (Ares Capital Corp)

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Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 13 contracts

Samples: Equity Distribution Agreement (Omega Healthcare Investors Inc), Equity Distribution Agreement (Omega Healthcare Investors Inc), Equity Distribution Agreement (Omega Healthcare Investors Inc)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 11 contracts

Samples: Equity Distribution Agreement (Main Street Capital CORP), Equity Distribution Agreement (Capital Southwest Corp), Terms Agreement (Capital Southwest Corp)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser Company and the Administrator Operating Partnership on the date hereof, any applicable Representation Date, as of each any Time of Sale and as of each any Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser Company and the Administrator Operating Partnership of their respective obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 11 contracts

Samples: City Office (City Office REIT, Inc.), Equity Distribution Agreement (QualityTech, LP), City Office (City Office REIT, Inc.)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as date referred to in Section 4(q) of each Time of Sale this Agreement and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 8 contracts

Samples: Distribution Agency Agreement (Annaly Capital Management Inc), Distribution Agency Agreement (Annaly Capital Management Inc), Distribution Agency Agreement (Annaly Capital Management Inc)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as of each Time of Sale hereof and as of each Registration Statement Amendment Date, Company Earnings Report Date, Company Periodic Report Date, Applicable Time and Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 7 contracts

Samples: Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Date, as date referred to in Section 4(n) of each Time of Sale this Agreement and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Kinder Morgan Energy Partners L P), Equity Distribution Agreement (Kinder Morgan Energy Partners L P), Equity Distribution Agreement (Kinder Morgan Energy Partners L P)

Conditions of Manager’s Obligations. The obligations of the each Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 6 contracts

Samples: Equity Distribution Agreement (Energy Transfer Equity, L.P.), Distribution Agreement (Energy Transfer Partners, L.P.), Susser Merger Agreement (Energy Transfer Partners, L.P.)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser Company and the Administrator Operating Partnership on the date hereof, any applicable Representation Date, as of each any Time of Sale and as of each any Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 5 contracts

Samples: Distribution Agreement (Education Realty Operating Partnership L P), Equity Distribution Agreement (Education Realty Trust, Inc.), Equity Distribution Agreement (Education Realty Trust, Inc.)

Conditions of Manager’s Obligations. The obligations of the Manager and the Forward Purchaser hereunder and under each Confirmation, as applicable, are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser Company and the Administrator Operating Partnership on the date hereof, any applicable Representation Date, as of each any Time of Sale and as of each any Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and under each Confirmation, as applicable, and (iii) to the following additional conditions precedent.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Education Realty Operating Partnership L P), Equity Distribution Agreement (Education Realty Operating Partnership L P), Equity Distribution Agreement (Education Realty Operating Partnership L P)

Conditions of Manager’s Obligations. The obligations of the Manager Managers hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the CompanyCompany of its obligations hereunder, the Adviser and the Administrator of their obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Duke Realty Limited Partnership/), Equity Distribution Agreement (Duke Realty Limited Partnership/), Equity Distribution Agreement (Duke Realty Corp)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as of each any Time of Sale and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Education Realty Trust, Inc.), Education Realty (Education Realty Trust, Inc.), Equity Distribution Agreement (Education Realty Trust, Inc.)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company, the Adviser and the Administrator and of their obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Blackstone Secured Lending Fund), Terms Agreement (Blackstone Secured Lending Fund), Equity Distribution Agreement (Blackstone Secured Lending Fund)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, Company and the Adviser and the Administrator on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company, Company and the Adviser and the Administrator of their obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 3 contracts

Samples: Distribution Agreement (Goldman Sachs BDC, Inc.), Distribution Agreement (Goldman Sachs BDC, Inc.), Equity Distribution Agreement (Goldman Sachs BDC, Inc.)

Conditions of Manager’s Obligations. The obligations of the each Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Delivery Date, as of each Time of Sale and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 3 contracts

Samples: Equity Distribution Agreement (Sunoco Logistics Partners L.P.), Equity Distribution Agreement (Energy Transfer Partners, L.P.), Sunoco Logistics Partners L.P.

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of Delivery, Date; (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder hereunder; and (iii) to the following additional conditions precedent.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Eagle Rock Energy Partners L P), Equity Distribution Agreement (Eagle Rock Energy Partners L P)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 2 contracts

Samples: Equity Distribution Agreement (Energy Transfer Partners, L.P.), Energy Transfer Partners, L.P.

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp

Conditions of Manager’s Obligations. The obligations of the Manager Managers hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, Company contained herein or in certificates of any officer of the Adviser and Company or any of its subsidiaries delivered pursuant to the Administrator on the date hereof, any applicable provisions hereof at each Representation Date, as of each Time of Sale and as of each Settlement Date and Time of Delivery, (ii) to the performance by the CompanyCompany of its covenants and other obligations hereunder, the Adviser and the Administrator of their obligations hereunder and (iii) to the following additional conditions precedent.further conditions:

Appears in 2 contracts

Samples: Distribution Agency Agreement (Virgin Galactic Holdings, Inc), Distribution Agency Agreement (Virgin Galactic Holdings, Inc)

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Conditions of Manager’s Obligations. The obligations of the Manager Managers hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company, the Adviser and the Administrator of their obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 1 contract

Samples: Equity Distribution Agreement (New Mountain Finance Corp)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Capital Parties on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Capital Parties of their obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 1 contract

Samples: Capital Product Partners L.P.

Conditions of Manager’s Obligations. The obligations of the each Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership Parties on the date hereof, any applicable Representation Date, as of each Time of Sale and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership Parties of their obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 1 contract

Samples: Equity Distribution Agreement (Westlake Chemical Partners LP)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as date referred to in Section 4(l) of each Time of Sale this Agreement and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 1 contract

Samples: Stanley Works (Stanley Works)

Conditions of Manager’s Obligations. The obligations of the Manager Managers hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, the time of any order submitted by the Company pursuant to Section 3(a)(i) hereof, any Time of Sale, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwestern Corp)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwestern Corp)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 1 contract

Samples: Equity Distribution Agreement (Energy Transfer Partners, L.P.)

Conditions of Manager’s Obligations. The obligations of the each Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Date, as of each Time of Sale Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Partnership of their its obligations hereunder and (iii) to the following additional conditions precedent.

Appears in 1 contract

Samples: Equity Distribution Agreement (Memorial Production Partners LP)

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation date referred to in Section 3(l), each Filing Date, as of each Applicable Time of Sale and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 1 contract

Samples: Distribution Agency Agreement (Affiliated Managers Group Inc)

Conditions of Manager’s Obligations. The obligations of the each Manager hereunder are subject to (ix) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Partnership on the date hereof, any applicable Representation Delivery Date, as of each Time of Sale and as of each Settlement Date and Time of DeliveryDate, (iiy) the performance by the CompanyPartnership of its obligations hereunder, the Adviser and the Administrator of their obligations hereunder and (iiiz) to the following additional conditions precedent.:

Appears in 1 contract

Samples: Sunoco LP

Conditions of Manager’s Obligations. The obligations of the Manager hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company, the Adviser and the Administrator Company on the date hereof, any applicable Representation Date, as of each Time of Sale Representation Date and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company, the Adviser and the Administrator Company of their its obligations hereunder and (iii) to the following additional conditions precedent.:

Appears in 1 contract

Samples: Equity Distribution Agreement (Empire District Electric Co)

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