No Misstatement or Material Omission. The Placement Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Placement Agent’s reasonable opinion is material, or omits to state a fact that in the Placement Agent’s opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 46 contracts
Samples: Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (Capstead Mortgage Corp)
No Misstatement or Material Omission. The Placement Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Placement Agent’s reasonable opinion is material, or omits to state a fact that in the Placement Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 15 contracts
Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)
No Misstatement or Material Omission. The the Placement Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Placement Agent’s reasonable opinion is material, or omits to state a fact that in the Placement Agent’s opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 7 contracts
Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Arlington Asset Investment Corp.)
No Misstatement or Material Omission. The Placement Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Placement Agent’s Agents’ reasonable opinion is material, or omits to state a fact that in the Placement Agent’s Agents’ opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Arlington Asset Investment Corp.), Management Agreement (Ares Commercial Real Estate Corp), Equity Distribution Agreement (Two Harbors Investment Corp.)
No Misstatement or Material Omission. The Placement Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Placement Agent’s reasonable opinion is material, or omits to state a fact that in the Placement Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
No Misstatement or Material Omission. The Placement Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Placement Agent’s reasonable opinion is material, or omits to state a fact that in the Placement Agent’s opinion is material and is required to be stated therein or is necessary to make the statements therein therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Management Agreement (Invesco Mortgage Capital Inc.)
No Misstatement or Material Omission. The Placement Agent shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing ProspectusProspectus Supplement, or any amendment or supplement thereto, contains an untrue statement of fact that in the Placement Agent’s reasonable opinion is material, or omits to state a fact that in the Placement Agent’s opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
No Misstatement or Material Omission. The Neither of the Placement Agent Agents shall not have advised the Company that the Registration Statement or Prospectus, or any Issuer Free Writing Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the such Placement Agent’s reasonable opinion is material, or omits to state a fact that in the such Placement Agent’s opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.
Appears in 1 contract
