Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:
Appears in 4 contracts
Samples: Equity Distribution Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Lucent Technologies Inc)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:
Appears in 2 contracts
Samples: Preferred Stock Sales Agreement (Impac Mortgage Holdings Inc), Common Stock Sales Agreement (Impac Mortgage Holdings Inc)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder on the date hereof, any applicable date referred to in Section 4(l) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company and the Selling Stockholder of its their obligations hereunder and (iii) to the following additional conditions precedent:
Appears in 2 contracts
Samples: Terms Agreement (American Financial Capital Trust Iv), American Financial (American Financial Group Inc)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l4(q) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Maxwell Technologies Inc), Equity Distribution Agreement (Medis Technologies LTD)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l4(q) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:.
Appears in 2 contracts
Samples: Health Care (Health Care Reit Inc /De/), Health Care (Health Care Reit Inc /De/)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company and FIDAC on the date hereof, any applicable date referred to in Section 4(l5(q) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company and FIDAC of its obligations hereunder and (iii) to the following additional conditions precedent:.
Appears in 1 contract
Samples: Equity Distribution Agreement (Chimera Investment Corp)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l4(p) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company of its the Company’s obligations hereunder and (iii) to the following additional conditions precedent:
Appears in 1 contract
Samples: Equity Distribution Agreement (American Financial Capital Trust Ii)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l4(j) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:.
Appears in 1 contract
Samples: Terms Agreement (Fluor Corp)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l4(r) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:.
Appears in 1 contract
Samples: Welltower Inc.
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of DeliveryDate, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:
Appears in 1 contract
Samples: Equity Distribution Agreement (Impac Mortgage Holdings Inc)
Conditions of Manager’s Obligations. The obligations of the Manager hereunder and under any Terms Agreement are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 4(l4(p) of this Agreement, the date of any executed Terms Agreement and as of each Settlement Date and Time of Delivery, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent:.
Appears in 1 contract