Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 23 contracts
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Mortgage Investment Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 23 contracts
Samples: Underwriting Agreement (Tapestry, Inc.), Underwriting Agreement (Dick's Sporting Goods, Inc.), Underwriting Agreement (Newmarket Corp)
Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Representatives and the other Underwriters and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 21 contracts
Samples: Underwriting Agreement (Viacom Inc.), Underwriting Agreement (Viacom Inc.), Underwriting Agreement (Viacom Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Company and the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Adviser and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 19 contracts
Samples: Underwriting Agreement (Barings BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (PennantPark Floating Rate Capital Ltd.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Ventas Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Ventas Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriters and the Ventas Entities, the Company, the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 18 contracts
Samples: Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas, Inc.), Underwriting Agreement (Ventas, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Significant Guarantors and any Underwriter who becomes a party hereto and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwritersparties hereto, the Company, the Manager and their respective successors, successors and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 18 contracts
Samples: Underwriting Agreement (Fedex Corp), Underwriting Agreement (Federal Express Corp), Underwriting Agreement (Fedex Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Representatives and any other Underwriters and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and thereto and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 16 contracts
Samples: Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 16 contracts
Samples: Underwriting Agreement (American Assets Trust, Inc.), Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Hudson Pacific Properties, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and Affiliates, selling agents, officers and directors and controlling persons referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 14 contracts
Samples: Underwriting Agreement (Triumph Bancorp, Inc.), Purchase Agreement (Banc of California, Inc.), Underwriting Agreement (Banc of California, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Agents and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 12 contracts
Samples: Equity Offeringsm Sales Agreement (Acumen Pharmaceuticals, Inc.), Equity Offeringsm Sales Agreement (Annovis Bio, Inc.), Terms Agreement (Digital Realty Trust, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Navios Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Navios Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Navios Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 12 contracts
Samples: Underwriting Agreement (Navios Maritime Partners L.P.), Underwriting Agreement (Navios Maritime Partners L.P.), Underwriting Agreement (Navios Maritime Partners L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective partners and successors, and said controlling persons and officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Samples: Underwriting Agreement (Main Street Capital CORP), Purchase Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors successors, Affiliates, selling agents and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 9 contracts
Samples: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 9 contracts
Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (CHS Inc), Underwriting Agreement (Firstmerit Corp /Oh/), Underwriting Agreement (CHS Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective partners and successors, and said controlling persons and officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and Section 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective partners and successors, and said controlling persons and officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyXxxxxx Parties, their respective successors and assigns and the Manager officers, directors, employees, agents, representatives and controlling persons referred to in Section 8 hereof (to the extent provided in Section 8) and their respective successorsheirs, executors, administrators, successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm corporation or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, entity any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This ; this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No purchaser of Securities any of the Units from any Underwriter the Underwriters shall be deemed to be construed a successor or assign by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Martin Midstream Partners Lp), Underwriting Agreement (Martin Midstream Partners Lp), Underwriting Agreement (Martin Midstream Partners Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the affiliates, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said affiliates, selling agents, controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Company and the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Partnership and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Partnership and their respective successors, and said controlling persons and officers and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Samples: Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.), Underwriting Agreement (Atlas Resource Partners, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersXxxxx Fargo, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersXxxxx Fargo, the Company, the Manager Company and their respective successors and the controlling persons and officers officers, trustees and directors referred to in Sections 6 10 and 7 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersXxxxx Fargo, the Company, the Manager Company and their respective successors, and said controlling persons and officers officers, trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxx Fargo shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (Sotherly Hotels Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Depositor and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporationentity, other than the Underwriters, Underwriters and the Company, the Manager Depositor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and 8 of this Agreement and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Depositor and their respective successors, and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (Morgan Stanley Dean Witter Capital I Inc), Underwriting Agreement (Morgan Stanley Capital I Trust 2007-Iq14), Underwriting Agreement (Morgan Stanley Capital I Trust 2007-Iq13)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors other indemnified parties and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager Advisor and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Advisor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Advisor and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Samples: THL Credit, Inc., THL Credit, Inc., THL Credit, Inc.
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Company, the Manager Company and FUNB and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and FUNB and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and FUNB and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (First Union Commercial Mortgage Securities Inc), Underwriting Agreement (First Union Commercial Mortgage Securities Inc), First Union National Bank Com Mort Pas THR Cert Ser 2002 C1
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager Trust and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Company and the Manager Trust and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Trust and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Purchase Agreement (Fleetboston Financial Corp), Underwriting Agreement (Chittenden Corp /Vt/), Purchase Agreement (Fleet Financial Group Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and persons, affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and persons, affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Arthur J. Gallagher & Co.), Underwriting Agreement (Citrix Systems Inc), Underwriting Agreement (Citrix Systems Inc)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 5 contracts
Samples: Purchase Agreement (Muniholdings Insured Fund Iii Inc), Purchase Agreement (Muniholdings California Insured Fund Iv Inc), Purchase Agreement (Muniholdings New Jersey Insured Fund Iii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Ventas Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Ventas Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Ventas Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, and the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Ag Mortgage (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections Section 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Samples: Underwriting Agreement (Healthcare Trust of America Holdings, LP), Underwriting Agreement (Healthcare Trust of America Holdings, LP), Underwriting Agreement (Healthcare Trust of America Holdings, LP)
Parties. This Agreement shall each inure to the benefit of and ------- be binding upon the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 5 contracts
Samples: Purchase Agreement (Muniholdings Michigan Insured Fund Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc), Purchase Agreement (Muniholdings New York Insured Fund Iii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Partnership Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Partnership Parties and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and Section 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership Parties and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Exterran Partners, L.P.), Underwriting Agreement (Archrock Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers officers, trustees and directors partners referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and officers officers, trustees and directors partners and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of the Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp)
Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 4 contracts
Samples: Purchase Agreement (Muniholdings Insured Fund Iii Inc), Purchase Agreement (Muniholdings California Insured Fund Iv Inc), Purchase Agreement (Muniholdings Insured Fund Ii Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager LRR Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager LRR Parties and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager LRR Parties and their respective successors, and said controlling persons and officers and directors other indemnified parties and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.), Underwriting Agreement (LRR Energy, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager THL Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager THL Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager THL Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.), Underwriting Agreement (THL Credit, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, Underwriters and the Company, the Manager and their respective successorssuccessors and assigns and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwritersparties hereto, the Company, the Manager and their respective successors and assigns and the controlling persons and persons, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under under, or in respect of of, this Agreement or any provision herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Securities any Shares from any Underwriter the Underwriters shall be deemed construed to be a successor or assign merely by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Act Teleconferencing Inc), Underwriting Agreement (Webvalley Inc), Underwriting Agreement (Surmodics Inc)
Parties. This Agreement shall each both inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Manager and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersManager, the Company, the Manager Adviser and the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersManager, the Company, the Manager Adviser and the Administrator and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any Underwriter Manager shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Terms Agreement (Ares Capital Corp), Terms Agreement (Ares Capital Corp), Terms Agreement (Ares Capital Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager THL Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager THL Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager THL Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Form of Purchase Agreement (THL Credit, Inc.), Purchase Agreement (THL Credit, Inc.), Purchase Agreement (THL Credit, Inc.)
Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc)
Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and persons, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: FirstEnergy Solutions Corp., Firstenergy Corp, Firstenergy Corp
Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Cleveland Electric Illuminating Co), Underwriting Agreement (Metropolitan Edison Co), Cleveland Electric Illuminating Co
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Legacy Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Legacy Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Samples: Underwriting Agreement (Legacy Reserves Lp), Underwriting Agreement (Legacy Reserves Lp), Underwriting Agreement (Legacy Reserves Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successorssuccessors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and assigns and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successorssuccessors and assigns, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Pacific Premier Bancorp Inc), Underwriting Agreement (Lakeland Bancorp Inc), Underwriting Agreement (Financial Institutions Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, several Underwriters and the Company, the Manager and their respective successorssuccessors and assigns, and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwritersparties hereto, the Company, the Manager and their respective successors and assigns, and the controlling persons and persons, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy remedy, or claim under under, or in respect of of, this Agreement or any provision herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Securities any Shares from any Underwriter the Underwriters shall be deemed to be construed a successor or assign merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Fieldworks Inc), Underwriting Agreement (Fieldworks Inc), Industrial Rubber Products Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and officers officers, directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (LXP Industrial Trust), Underwriting Agreement (Lexington Realty Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager Bank and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Company and the Manager Bank and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Bank and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (State National Bancshares, Inc.), Purchase Agreement (SNB Bancshares Inc), Harris Preferred Capital Corp
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections Section 6 hereof and Section 7 hereof and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (DENNY'S Corp), Underwriting Agreement (Ugi Corp /Pa/), Underwriting Agreement (BOSTON OMAHA Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyIssuer, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the CompanyIssuer, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the CompanyIssuer, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Fibria Celulose S.A.), Underwriting Agreement (Fibria Celulose S.A.), Underwriting Agreement (Fibria Celulose S.A.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 hereof and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (National Oilwell Varco Inc), Underwriting Agreement (FMC Technologies Inc), National Oilwell (National Oilwell Varco Inc)
Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, Company and the Company, the Manager Underwriters and its and their respective successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective successors, and said controlling persons and officers and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any an Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Hospitality Properties Trust), Hospitality Properties Trust, Hospitality Properties Trust
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Agents and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersAgents, each of their Affiliates and selling agents, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, each of their Affiliates and selling agents, the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 Section 7 and 7 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager and their respective successors, and said controlling persons and officers officers, directors and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Partnership Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Partnership Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership Parties and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors, and said controlling persons and officers and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Atlas Pipeline Partners Lp), Underwriting Agreement (Atlas Pipeline Partners Lp), Underwriting Agreement (Atlas Pipeline Partners Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (TriState Capital Holdings, Inc.), Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (Iberiabank Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 Section 7 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (Iberiabank Corp), Underwriting Agreement (Iberiabank Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and Yield LLC and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and Yield LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and Yield LLC and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (NRG Yield, Inc.), Underwriting Agreement (NRG Yield, Inc.), Underwriting Agreement (NRG Yield, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, each of the Company, WhiteHorse Entities and the Manager Selling Stockholders and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, WhiteHorse Entities and the Manager Selling Stockholders and their respective successors and the controlling persons and officers and directors and other persons referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, WhiteHorse Entities and the Manager Selling Stockholders and their respective successors, and said controlling persons and officers and directors and other persons referred to in Sections 6 and 7 and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Selling Shareholders and the Company, the Manager and their respective successorssuccessors and assigns and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwritersparties hereto, the Company, the Manager and their respective successors and assigns and the controlling persons and persons, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under under, or in respect of of, this Agreement or any provision herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Securities any Shares from any Underwriter the Underwriters shall be deemed to be construed a successor or assign merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Sportsmans Guide Inc, Sportsmans Guide Inc, Sportsmans Guide Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and persons, Affiliates, selling agents, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Purchase Agreement (Corporate High Yield Fund Iv), Market Participation Principal Protection Fund Inc, Corporate High Yield Fund v Inc
Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, Underwriters and the Company, Trust and the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, Trust and the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, Trust and the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (First Chicago NBD Capital Iv), Underwriting Agreement (Bank One Capital V), Underwriting Agreement (Bank One Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections Section 6 hereof and Section 7 hereof and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Connecticut Water Service Inc / Ct), Underwriting Agreement (Applied Genetic Technologies Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Partnership Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Partnership Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Partnership Parties and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (OCI Partners LP), Underwriting Agreement (OCI Partners LP), Purchase Agreement (Boardwalk Pipelines Lp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriter and the Company, the Manager and their respective successorssuccessors and assigns, and the officers, directors and controlling persons referred to in Sections 6 and 7. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwritersparties hereto, the Company, the Manager and their respective successors and assigns, and the controlling persons and persons, officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy remedy, or claim under under, or in respect of of, this Agreement or any provision herein contained. This , this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective executors, administrators, successors, assigns and said such controlling persons and persons, officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm person or corporation. No purchaser of Securities any Shares from any the Underwriter shall be deemed to be construed a successor or assign merely by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Electronic Processing Inc), Industrial Rubber Products Inc, Mercury Waste Solutions Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and 8 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Certificates from any an Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Merrill Lynch Mortgage Investors Inc), Underwriting Agreement (Merrill Lynch Mortgage Investors Inc), Underwriting Agreement (Merrill Lynch Mortgage Investors Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (RLJ Lodging Trust), Purchase Agreement (RLJ Lodging Trust), Underwriting Agreement (RLJ Lodging Trust)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the CompanyFund, the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Fund and the Manager Adviser and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Muniholdings New York Insured Fund Iv Inc), Purchase Agreement (Muniholdings New Jersey Insured Fund Iv Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriter[s] named herein and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwritersparties hereto, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision provisions herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and thereto and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any [any] [the] Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Terms Agreement (Goldman Sachs Asset Backed Securities Corp), Underwriting Agreement (Gs Mortgage Securities Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Company and the Manager Selling Stockholder and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Company, Company and the Manager Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and Section 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, Company and the Manager Selling Stockholder and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersBaird, the Company, the Manager Operating Partnership and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersBaird, the Company, the Manager Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 10 and 7 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersBaird, the Company, the Manager Operating Partnership and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Baird shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Agents and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors trust managers referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersAgents, their respective Affiliates and selling agents, the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors trust managers and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Shares shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriter and the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriter and the Company, the Manager Company and their respective successors and the successors, Affiliates, partners, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Company, the Manager Company and their respective successors, and said Affiliates, partners, selling agents, controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Valley National Bancorp), United Bankshares Inc/Wv
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, Underwriters and the Company, the Manager Arch Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Arch Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Arch Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Selling Stockholders and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Company and the Manager Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 Section 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Spark Networks Inc, Spark Networks Inc
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager DB Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager DB Entities and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and Section 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager DB Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Trust Preferred Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Deutsche Bank Contingent Capital LLC V), Purchase Agreement (Deutsche Bank Contingent Capital LLC III)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Legacy Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Legacy Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Partnership and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Legacy Reserves L P), Legacy Reserves L P
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and Nationstar LLC and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and Nationstar LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and Nationstar LLC and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Nationstar Mortgage Holdings Inc.), Underwriting Agreement (Nationstar Mortgage Holdings Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Offerors and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Offerors and their respective successors and the controlling persons and officers and directors referred to in Sections 1, 6 and 7 of this Agreement and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained in this Agreement. This Agreement and all conditions and provisions hereof of this Agreement are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Offerors and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Preferred Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Sterling Bancshares Inc), Underwriting Agreement (Sterling Bancshares Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager XXXX Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager XXXX Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager XXXX Parties and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Units from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and DFH LLC and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and DFH LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and DFH LLC and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Dream Finders Homes, Inc.), Underwriting Agreement (Dream Finders Homes, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, entity firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager and their respective successors and the controlling persons persons, agents, and officers and directors referred to in Sections 6 and 7 Section 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, entity, firm or corporation. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Alerus Financial Corp), Underwriting Agreement (Alerus Financial Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Company, the Manager Transaction Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Transaction Entities and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Transaction Entities and their respective successors, and said controlling persons and officers and directors other indemnified parties and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyQuest Parties, their respective successors and assigns and the Manager officers, directors, employees, agents, representatives and controlling persons referred to in Section 7 hereof (to the extent provided in Section 7) and their respective successorsheirs, executors, administrators, successors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm corporation or corporation, other than the Underwriters, the Company, the Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, entity any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This ; this Agreement and all conditions and provisions hereof are being intended to be and being for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and their respective successors, successors and assigns and said controlling persons and said officers and directors and their heirs and legal representativesdirectors, and for the benefit of no other person, firm corporation or corporationother entity. No purchaser of Securities any of the Units from any Underwriter shall be deemed to be construed a successor or assign by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Quest Energy Partners, L.P.), Underwriting Agreement (Quest Energy Partners, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, and the Manager Underwriters and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein or therein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and thereto and their respective successorssuccessors and legal representatives, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Michigan Consolidated Gas Co /Mi/), Purchase Agreement (Michigan Consolidated Gas Co /Mi/)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Manager Adviser and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Company and the Manager Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Company and the Manager Adviser and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Firsthand Technology Value Fund, Inc.), Purchase Agreement (Firsthand Technology Value Fund, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, Trust and the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, Trust and the Manager Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, Trust and the Manager Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Purchase Agreement (Macquarie Infrastructure CO LLC), Purchase Agreement (Macquarie Infrastructure CO LLC)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Company and LSLLC and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Company and LSLLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Company and LSLLC and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Light Sciences Oncology Inc), Underwriting Agreement (Light Sciences Oncology Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, the Manager Enbridge Parties and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Enbridge Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Company, the Manager Enbridge Parties and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Midcoast Energy Partners, L.P.), Underwriting Agreement (Midcoast Energy Partners, L.P.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyOfferors, the Manager and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Company, the Manager Offerors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties hereto and thereto and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Motorola Inc), Underwriting Agreement (Motorola Inc)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager First Eagle Entities and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager First Eagle Entities and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager First Eagle Entities and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Adviser and any Underwriter who becomes a party hereto, and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager parties and their respective successors, successors and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Underwritten Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Terms Agreement (Apollo Investment Corp), Terms Agreement (Apollo Investment Corp)
Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Manager Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Manager Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 Section 7 hereof and 7 Section 8 hereof and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Manager Company and their respective successors, and said controlling persons and officers and directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (IMV Inc.), Underwriting Agreement (IMV Inc.)
