Conditions of the Obligations of the Sales Agent and the Forward Seller Sample Clauses
This clause defines the specific requirements that must be satisfied before the sales agent and the forward seller are obligated to perform their respective duties under the agreement. Typically, these conditions may include the accuracy of representations and warranties, the delivery of necessary documents, or the absence of material adverse changes affecting the transaction. By setting out these prerequisites, the clause ensures that both parties are protected from having to proceed if key assurances or conditions are not met, thereby allocating risk and promoting transactional certainty.
Conditions of the Obligations of the Sales Agent and the Forward Seller. The obligations of each of the Sales Agent and the Forward Seller hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company or any Subsidiary delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their covenants and other obligations hereunder, and to the following further conditions: