Common use of Parties Clause in Contracts

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder 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 Bank and the Selling Shareholder and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 7 and 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, the Company, the Bank and the Selling Shareholder and their respective successors, and said controlling 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 50 contracts

Samples: Underwriting Agreement (Mackinac Financial Corp /Mi/), Underwriting Agreement (Fidelity Southern Corp), Underwriting Agreement (LNB Bancorp Inc)

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Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Manager and the Selling Shareholder 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 Bank Adviser and the Selling Shareholder Administrator and their respective successors and the controlling persons, Affiliatesofficers, selling agents, officers directors and directors other persons referred to in Sections 7 and 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 Bank Adviser and the Selling Shareholder Administrator and their respective successors, and said controlling persons, Affiliatesofficers, selling agents, officers directors and directors other persons referred to in Sections 7 and 8 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 22 contracts

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

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanySeller, the Bank and the Selling Shareholder JDCC, and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing 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 Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No purchaser of Securities an Underwritten Note from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 21 contracts

Samples: Underwriting Agreement (John Deere Receivables LLC), Underwriting Agreement (John Deere Receivables, Inc.), Underwriting Agreement (John Deere Receivables LLC)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Companyincluding any substitute Underwriters pursuant to Section 10 hereof, the Bank and the Selling Shareholder 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 Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliatesaffiliates, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliatesaffiliates, 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 21 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, the Bank and the Selling Shareholder 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 Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, 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. In all dealings hereunder, the Representative, acting jointly, shall act on behalf of each of the Underwriters, and the parties hereto shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by the Representative, acting jointly.

Appears in 10 contracts

Samples: Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Underwriting Agreement (Helios & Matheson Analytics Inc.), Underwriting Agreement (Helios & Matheson Analytics Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank you and the Selling Shareholder Company and any Terms Agreement shall inure to the benefit of and be binding upon the Company and any Underwriter who becomes a party to a Terms Agreement and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 10 and 8 11 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, 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 8 contracts

Samples: Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC), Underwriting Agreement (HSBC Holdings PLC)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder 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 Bank and the Selling Shareholder Company and their respective successors and the controlling personspersons and directors, Affiliatesofficers, selling agentsmembers, officers shareholders and directors trustees referred to in Sections 7 and 8 Section 6 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, whether as third-party beneficiaries or otherwise. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors, and, solely for purposes of Section 6, their respective controlling persons and said controlling personsofficers, Affiliatesdirectors, selling agentsshareholders and trustees, 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 (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser 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 CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders 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 (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Build America Bond Fund), Underwriting Agreement (Nuveen Pennsylvania Municipal Value Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder 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 Bank Transaction Entities and the Selling Shareholder Manager and their respective successors and the controlling persons, Affiliates, selling agents, controlling persons and officers and directors referred to in Sections 7 and 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, the Company, the Bank Transaction Entities and the Selling Shareholder Manager and their respective successors, and said controlling persons, 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 solely by reason merely of such purchase.

Appears in 8 contracts

Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective successors. No party hereto may assign this Agreement in whole or in part without the consent of the other parties, which shall not be unreasonably withheld. 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 Bank and the Selling Shareholder Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective successorssuccessors and permitted assignees, and said controlling persons, Affiliates, selling agents, 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 7 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and the Selling Shareholder 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 Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors and the controlling persons, Affiliates, selling agents, agents and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, agents 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 (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, you and the Company, and any Terms Agreement shall inure to the Bank benefit of and be binding upon the Selling Shareholder Company and any Underwriter who becomes a party to a Terms Agreement, and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms 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 Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, 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 (Comdisco Inc), Underwriting Agreement (Comdisco Inc), Underwriting Agreement (Comdisco Inc)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Offerors and the Selling Shareholder Underwriters and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing 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 Bank parties hereto and the Selling Shareholder thereto and their respective successorssuccessors and legal representatives, and said controlling persons, Affiliates, selling agents, 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 (Cendant Corp), MCN Corp, Protective Life Corp

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder 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 Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, 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. In all dealings hereunder, the Representatives, acting jointly, shall act on behalf of each of the Underwriters, and the parties hereto shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by the Representatives, acting jointly.

Appears in 6 contracts

Samples: Underwriting Agreement (ExOne Co), Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (Avinger Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 6 and 7 and 8 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 UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons 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 Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 6 contracts

Samples: Purchase Agreement (World Acceptance Corp), Purchase Agreement (Beacon Roofing Supply Inc), Purchase Agreement (Patrick Industries Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank each of Advisers and the Selling Shareholder its respective partners 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 CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders 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: Purchase Agreement (ING Global Advantage & Premium Opportunity Fund), ING International High Dividend Equity Income Fund, Purchase Agreement (Madison Claymore Covered Call Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank Advisers and the Selling Shareholder and each of their respective successorspartners and successors and controlling persons referred to herein. 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 CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank Advisers and the Selling Shareholder and each of their respective partners and successors, and said controlling personspersons and officers, Affiliates, selling agents, 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 shall be deemed to be a successor by reason merely of such purchase.

Appears in 5 contracts

Samples: Purchase Agreement (First Trust Global Credit Strategies Fund), Purchase Agreement (First Trust/Fiduciary Asset Management Covered Call Fund), First Trust/Aberdeen Emerging Opportunity Fund

Parties. This Agreement shall inure to the benefit of and be binding upon each of the UnderwritersUnderwriter, the CompanyFund, the Bank and Investment Adviser, the Selling Shareholder Sub-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 Bank and Investment Adviser, the Selling Shareholder Sub-Adviser and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers shareholders and directors referred to in Sections 7 and 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 CompanyFund, the Bank and Investment Adviser, the Selling Shareholder Sub-Adviser and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers shareholders 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 5 contracts

Samples: Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund), Underwriting Agreement (Nuveen AMT-Free Municipal Credit Income Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyFund, each of the Bank and the Selling Shareholder Advisers 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 CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling persons, Affiliatesaffiliates and officers, selling agentstrustees, officers and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors, and said controlling persons, Affiliatesaffiliates and officers, selling agentstrustees, 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: Underwriting Agreement (Babson Capital Global Short Duration High Yield Fund), Underwriting Agreement (MainStay DefinedTerm Municipal Opportunities Fund), Underwriting Agreement (Clearbridge American Energy MLP Fund Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder 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 Bank Operating Partnership and the Selling Shareholder Manager and their respective successors and the controlling persons, Affiliates, selling agents, persons and trustees and officers and directors referred to in Sections 7 and 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, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors, and said controlling persons, Affiliates, selling agents, 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 5 contracts

Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Purchase Agreement (99 Cents Only Store), Purchase Agreement (Rayovac Corp), Purchase Agreement (Global Telesystems Group Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and the Selling Shareholder 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 Underwriters, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank Company and the Selling Shareholder Operating Partnership and their respective successors, and said controlling 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 4 contracts

Samples: Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder 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 Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, partners, members, Affiliates and selling agents, officers and directors agents referred to in Sections 6 and 7 and 8 their respective successors, heirs, legal representatives and their heirs executors and legal representativesadministrators, 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 Bank Underwriters and the Selling Shareholder Company and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, partners, members, Affiliates and selling agents, officers and directors agents and their heirs respective successors, heirs, legal representatives and legal representativesexecutors and administrators, 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: Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, you and the Company, and any Terms Agreement shall inure to the Bank benefit of and be binding upon the Selling Shareholder Company and any Underwriter who becomes a party to a Terms Agreement, and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, 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 (Meadwestvaco Corp), Underwriting Agreement (Westvaco Corp), Underwriting Agreement (Westvaco Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Selling Stockholders and the Selling Shareholder and each of 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 Bank and the Selling Shareholder Stockholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 Bank and the Selling Shareholder Stockholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (Xponential Fitness, Inc.), Underwriting Agreement (Blue Bird Corp), Underwriting Agreement (Xponential Fitness, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of Agent, the UnderwritersForward Seller, the Forward Purchaser, the Company, the Bank and the Selling Shareholder 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 Agent, the UnderwritersForward Seller, the Forward Purchaser, the Company, the Bank and the Selling Shareholder Partnership and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 10 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 UnderwritersAgent, the CompanyForward Seller, the Bank Forward Purchaser, the Company and the Selling Shareholder Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Agent or the Forward Seller shall be deemed to be a successor by reason merely of such purchase.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder 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 Bank their respective affiliates and the Selling Shareholder Company and their respective its successors and legal representatives and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers employees and directors agents referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under under, by virtue of 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 Bank Underwriters their respective affiliates and the Selling Shareholder Company and their respective successorsits successors and legal representatives, and said controlling personspersons and officers, Affiliatesdirectors, selling agentsemployees and agents and their heirs and legal representatives, officers and directors said controlling persons and officers, directors, employees and agents 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 (RCN Corp /De/), Underwriting Agreement (Cccisg Capital Trust), Underwriting Agreement (Commonwealth Telephone Enterprises Inc /New/)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Bank and the Selling Shareholder 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 Bank and the Selling Shareholder and their respective successors and the controlling personspersons and the partners, Affiliatesofficers, selling agentsdirectors, officers trustees, employees, affiliates and directors agents referred to in Sections 6 and 7 and 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 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 Bank MHC and the Selling Shareholder Bank and their respective successors, and said controlling persons, Affiliatespartners, selling agentsofficers, officers and directors and trustees and their heirs and heirs, partners, 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: Agency Agreement (Rhinebeck Bancorp, Inc.), Agency Agreement (HarborOne Bancorp, Inc.), Agency Agreement (HarborOne NorthEast Bancorp, Inc.)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Sellers and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Originators and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and 7 and 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, the Bank and the Selling Shareholder Sellers and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Certificates from any the Underwriter shall be deemed to be a successor by reason merely of such purchase. The Company and the Sellers shall be jointly and severally liable for all obligations incurred under this Agreement and the Pricing Agreement.

Appears in 3 contracts

Samples: Money Store Sba Loan Backed Adj Rak Cert Series 1997-I, Money Store of New York Inc, Money Store of New York Inc

Parties. This Agreement and the Pricing Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Bank and the Selling Shareholder Adviser and their respective successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 7 and 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 the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, 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 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 (Muniholdings Florida Insured Fund Ii), Purchase Agreement (Muniholdings Florida Insured Fund Iii), Purchase Agreement (Muniholdings Florida Insured Fund Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder 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 UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates referred to in Sections 7 10 and 8 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 UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the each Bank and the Selling Shareholder 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 each Bank and the Selling Shareholder and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 7 and 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, the Company, the each Bank and the Selling Shareholder and their respective successors, and said controlling 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 (Firstbank Corp), Underwriting Agreement, Underwriting Agreement (Firstbank Corp)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Trust and the Company and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Trust and the Company and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing 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 Bank Underwriters and the Selling Shareholder Trust and the Company and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, 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 shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Consumers Power Co), Consumers Energy Co Financing Iv, Consumers Energy Co Financing Ii

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Issuer and the Selling Shareholder Parent Guarantor 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 Bank Issuer and the Selling Shareholder Parent Guarantor and their respective successors and the controlling persons, Affiliates, selling agents, agents and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank Issuer and the Selling Shareholder Parent Guarantor and their respective successors, and said controlling persons, Affiliates, selling agents, agents 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 3 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersAgents, the Company, the Bank Forward Purchasers and the Selling Shareholder 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 UnderwritersAgents, the CompanyForward Purchasers, their respective Affiliates and selling agents, the Bank and the Selling Shareholder Transaction Entities and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors trustees referred to in Sections 6 and 7 and 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 UnderwritersAgents, the CompanyForward Purchasers, their respective Affiliates and selling agents, the Bank and the Selling Shareholder Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Shares shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust), Terms Agreement (Americold Realty Operating Partnership, L.P.)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder 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 Underwritersxxxx Xxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates referred to in Sections 7 10 and 8 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 UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank you and the Selling Shareholder Company and any Terms Agreement shall inure to the benefit of and be binding upon the Company and any Underwriter who becomes a party to a Terms Agreement and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 9 and 8 10 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, 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 3 contracts

Samples: Underwriting Agreement (HSBC Holdings PLC), Purchase Agreement (HSBC Holdings PLC), Purchase Agreement (HSBC Holdings PLC)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser 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 CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders 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: Nuveen Municipal High Income Opportunity Fund 2, Nuveen Municipal High Income Opportunity Fund 2, Scudder Commodities Stock Fund, Inc.

Parties. This Agreement and the Terms Agreement shall inure to the benefit of and be binding upon the Underwritersyou, the CompanyGTFFC, the Bank Green Tree and each Underwriter who becomes a party to this Agreement and the Selling Shareholder Terms Agreement, and their respective successors. Nothing expressed or mentioned in this Agreement or the Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 6 and 8 7, and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in with respect of to this Agreement or the Terms Agreement or any provision herein or therein contained. This Agreement and the Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and for the benefit of no other person, firm or corporation. No purchaser of Securities Offered Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Terms Agreement (Greentree Floorplan Funding Corp), Terms Agreement (Greentree Floorplan Funding Corp), Underwriting Agreement (Greentree Floorplan Funding Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and each of the Selling Shareholder Shareholders 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 Bank Company and each of the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representativesUnderwriters, 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 Bank Company and each of the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representativesUnderwriters, 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 Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective personal representatives 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 UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agentstrustees, officers partners, employees and directors agents referred to in Sections 7 10 and 8 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 UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Transaction Entities and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Stockholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Stockholder and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Wellpoint Health Networks Inc /De/), Purchase Agreement (Agco Corp /De), Wellpoint Health Networks Inc /De/

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyTrust, the Bank Administrator, the Investment Adviser and the Selling Shareholder its respective partners 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 CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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, the CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders 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 (Clough Global Allocation Fund), Clough Global Equity Fund, Clough Global Opportunities Fund

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder 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 Underwritersxxxx Xxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates referred to in Sections 7 10 and 8 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 UnderwritersXxxxxxx Xxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Xxxxxxx Xxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 3 contracts

Samples: Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (Aimco Properties Lp), Equity Distribution Agreement (STAG Industrial, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder 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 Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, 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. In all dealings hereunder, the Representative shall act on behalf of each of the Underwriters, and the parties hereto shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by the Representative.

Appears in 3 contracts

Samples: Underwriting Agreement (Leaf Group Ltd.), Underwriting Agreement (Misonix Inc), Histogenics Corp

Parties. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successorssuccessors and assigns. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm person or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and assigns and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections Section 7 and 8 and their heirs and legal representativeshereof, any legal or equitable rightrights, remedy or claim under or in respect of this Agreement or any provision provisions 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 Bank and the Selling Shareholder parties hereto and their respective successorsexecutors, administrators, successors and assigns and said controlling persons, Affiliates, selling agents, persons and said 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 of the shares from any Underwriter shall be deemed to be construed a successor or assign by reason merely of such purchase. In all dealings with the Company under this Agreement, you shall act on behalf of each of the several Underwriters, and the Company shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of each of the several Underwriters as if the same shall have been made or given in writing by you.

Appears in 3 contracts

Samples: Pn Holdings Inc, Pelican Financial Inc, Pelican Financial Inc

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder 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 Bank Operating Partnership and the Selling Shareholder Manager and their respective successors and the controlling persons, Affiliates, selling agents, controlling persons, trustees and officers and directors referred to in Sections 7 and 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, the Company, the Bank Operating Partnership and the Selling Shareholder Manager and their respective successors, and said controlling persons, Affiliates, selling agents, 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: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and Underwriter or each Underwriter, as the Selling Shareholder case may be, named in the applicable Terms Agreement, 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 Underwriter or Underwriters, as the Companycase may be, the Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 containedcontained in this Agreement. This Agreement and all conditions and provisions hereof contained in this Agreement are intended to be for the sole and exclusive benefit of the Underwriters, parties to the Company, the Bank and the Selling Shareholder applicable Terms Agreement and their respective successors, and said controlling persons, Affiliates, selling agents, 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 3 contracts

Samples: Execution (Gillette Co), Gillette Co, Gillette Co

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Fund and the Selling Shareholder Advisers 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 Companytheir affiliates, the Bank Fund and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and directors, Affiliatesofficers, selling agents, officers members and directors trustees referred to in Sections 6 and 7 and 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, the Companytheir affiliates, the Bank Fund and the Selling Shareholder Advisers and their respective successors, and said controlling persons, Affiliates, selling agents, persons and officers and directors and 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 (Rivernorth Opportunities Fund, Inc.), Underwriting Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Transaction Entities and the Selling Shareholder Shareholders 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 Bank Transaction Entities and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, controlling persons and officers and directors trustees referred to in Sections 6 and 7 and 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, the Company, the Bank Transaction Entities and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyFund, each of the Bank and the Selling Shareholder Advisers 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 CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers directors and directors partners referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers directors and directors partners and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities AMPS from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Pioneer Floating Rate Trust), Of Purchase Agreement (Boulder Growth & Income Fund)

Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, the Company, the Bank Selling Stockholders and the Selling Shareholder Company and their respective successorssuccessors or 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 Bank Selling Stockholders and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal 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 Bank Selling Stockholders and the Selling Shareholder Company and their respective successorssuccessors or assigns, and said controlling persons, Affiliates, selling agents, 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 or assigns by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Microstrategy Inc), Purchase Agreement (Microstrategy Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyTrust, the Bank Administrator, the Investment Adviser and the Selling Shareholder its respective partners 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 CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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 CompanyTrust, the Bank and Administrator, the Selling Shareholder Investment Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities AMPS from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Clough Global Equity Fund, Clough Global Allocation Fund

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRxxxxxx Jxxxx, the Company, the Bank and the Selling Shareholder 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 UnderwritersRxxxxxx Jxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or agents referred to in Sections 7 10 and 8 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 UnderwritersRxxxxxx Jxxxx, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliatesdirectors, selling agents, officers and directors employees or affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities through or from any Underwriter Rxxxxxx Jxxxx shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Farmland Partners Inc.

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, you and the Company, and any Terms Agreement shall inure to the Bank benefit of and be binding upon the Selling Shareholder Company and any Underwriter who becomes a party to a Terms Agreement and their respective successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 6 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms 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 Bank and the Selling Shareholder parties and their respective successors, successors and said such controlling persons, Affiliates, selling agents, 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 any Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Terms Agreement (Anadarko Petroleum Capital Trust Iii), Terms Agreement (Anadarko Petroleum Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder 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 Underwriters, the Company, the Bank Operating Partnership and the Selling Shareholder Stockholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and Section 7 and 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, the Company, the Bank Operating Partnership and the Selling Shareholder Stockholder and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (DigitalBridge Group, Inc.), Underwriting Agreement (BrightSpire Capital, Inc.)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Investment Advisers 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 CompanyFund, the Bank and the Selling Shareholder Investment Advisers and their respective successors and the controlling personspersons and officers, Affiliatesdirectors, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Investment Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliates, selling agents, officers shareholders 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: SunAmerica Focused Alpha Large-Cap Fund, Inc., SunAmerica Focused Alpha Growth Fund, Inc.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers 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 CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders 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 (Nuveen Global Government Enhanced Income Fund), Purchase Agreement (Nuveen Equity Premium & Growth Fund)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and the Selling Shareholder 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, the Bank Company and the Selling Shareholder Stockholders and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 6 and 7 and 8 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 Bank Company and the Selling Shareholder Stockholders and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons 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 (Tabula Rasa HealthCare, Inc.), Underwriting Agreement (Sinclair Broadcast Group Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and the Selling Shareholder Company and their respective successors. This Agreement shall also inure to the benefit of Lazard Fréres & Co. LLC, and each of its successors and assigns, which shall be third party beneficiaries hereof. 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 Bank and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (Arqule Inc), Underwriting Agreement (Transcept Pharmaceuticals Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholder(s) 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 Bank Company and the Selling Shareholder Shareholder(s) and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank Company and the Selling Shareholder Shareholder(s) and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (Ameresco, Inc.), Underwriting Agreement (Bloomin' Brands, Inc.)

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Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyCarvana Parties, the Bank Selling Stockholders and the Selling Shareholder and each of 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 CompanyCarvana Parties, the Bank Selling Stockholders and the Selling Shareholder and each of their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 6 and 7 and 8 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 CompanyCarvana Parties, the Bank Selling Stockholders and the Selling Shareholder and each of their respective successors, and said controlling persons, Affiliates, selling agents, officers persons 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 (Carvana Co.), Underwriting Agreement (Carvana Co.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriterseach Agent, each Forward Seller, each Forward Purchaser, the Company, the Bank and the Selling Shareholder Company 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 UnderwritersAgents, the CompanyForward Sellers, the Bank and Forward Purchasers, the Selling Shareholder Company and their respective successors and the affiliates and controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 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 Underwriterseach Agent, each Forward Seller, each Forward Purchaser, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said affiliates and controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Securities Shares from or through any Underwriter Agent or Forward Seller shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder 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 Bank Underwriters and the Selling Shareholder Company and their respective successors (and, solely to the extent expressly provided in Section 6 and 7, the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successorssuccessors (and, solely to the extent expressly provided in Section 6 and 7, said controlling 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 2 contracts

Samples: Underwriting Agreement (Fuller H B Co), Underwriting Agreement (Fuller H B Co)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Depositor and the Selling Shareholder Trust and their respective successors. In addition, this Agreement shall inure to the benefit of any third party named herein as a third party beneficiary and only to the extent provided herein. 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 Bank Underwriters and the Selling Shareholder Trust and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 Section 5 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 Bank Underwriters and the Selling Shareholder Trust and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Corporate Asset Backed Corp, Corporate Asset Backed Corp

Parties. This Agreement and the Pricing Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Offerors and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors trustees referred to in Sections 7 and 8 Section 6 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing 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 Bank Underwriters and the Selling Shareholder Offerors and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, 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 shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Protective Life Corp), Purchase Agreement (Protective Life Corp)

Parties. This Agreement and the applicable Terms Agreement ------- shall each inure to the benefit of and be binding upon the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors. Nothing expressed or mentioned in this Agreement or the applicable Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6, 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the applicable Terms Agreement or any provision herein or therein contained. This Agreement and the applicable Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors, and said controlling persons, Affiliates, selling agents, 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 the Offered Securities from any Underwriter you shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Terms Agreement (Motorola Inc), Terms Agreement (Motorola Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank you and the Selling Shareholder Company and any Terms Agreement shall inure to the benefit of and be binding upon the Company and any Underwriters and their respective successors. Nothing expressed or mentioned in this Agreement or any Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, person and officers and directors referred to in Sections 6 and 7 and 8 hereof and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, and said controlling persons, Affiliates, selling agents, officers and directors successors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter Underwriters shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Beneficial Mortgage Services (Beneficial Mortgage Services Inc), Beneficial Mortgage Services (Beneficial Mortgage Services Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the CompanyIssuer, the Bank and the Selling Shareholder Subsidiary Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank Issuer and the Selling Shareholder Subsidiary Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 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 UnderwritersInitial Purchasers, the CompanyIssuer, the Bank and the Selling Shareholder Subsidiary Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Melco Crown Entertainment LTD), Purchase Agreement (Melco Crown Entertainment LTD)

Parties. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank and the Selling Shareholder Shareholders and their respective successors. Nothing expressed or mentioned implied in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the U.S. Underwriters, the Company, the Bank and the Selling Shareholder Shareholders and their respective successors successors, and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank and the Selling Shareholder Shareholders and their respective successors, and said such controlling 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 U.S. Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Renaissancere Holdings LTD), Purchase Agreement (Renaissancere Holdings LTD)

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank Fund and the Selling Shareholder Adviser and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors referred to in Sections 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing 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 Bank and the Selling Shareholder parties hereto and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, 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 Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Putnam Municipal Opportunities Trust), Purchase Agreement (Putnam Municipal Opportunities Trust)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriterseach Agent, Forward Seller and Forward Purchaser, the Company, the Bank and the Selling Shareholder 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, the CompanyForward Sellers and Forward Purchasers, the Bank and the Selling Shareholder Company and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers directors and directors affiliates referred to in Sections 7 10 and 8 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 Underwriterseach Agent, Forward Seller and Forward Purchaser, the Company, the Bank and the Selling Shareholder Company and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers directors and directors affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities Shares through or from any Underwriter Agent or Forward Seller shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Duke Energy CORP), Equity Distribution Agreement (Duke Energy CORP)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder Advisers 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 CompanyFund, the Bank and the Selling Shareholder Advisers and their respective successors and the controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders and directors referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder Advisers and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agents, officers shareholders 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 (Western Asset High Yield Defined Opportunity Fund Inc.), Underwriting Agreement (Western Asset Mortgage Defined Opportunity Fund Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successorssuccessors and legal representatives. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give provide any person, firm or corporation, other than the UnderwritersUnderwriter, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successors and legal representatives and the controlling persons, Affiliatesofficers, selling agentsemployees, officers directors and directors shareholders referred to in Sections 7 and 8 and their respective 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 are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Company, the Bank Company and the Selling Shareholder Guarantors and their respective successorssuccessors and legal representatives, and said such controlling persons, Affiliates, selling agentsshareholders, officers and directors and their respective 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 (Ram Energy Inc/Ok), Underwriting Agreement (Taylor Companies Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyPartnership Parties, the Bank Parent and the Selling Shareholder Unitholder 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 CompanyPartnership Parties, the Bank Parent and the Selling Shareholder Unitholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 7 and Section 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 CompanyPartnership Parties, the Bank Parent and the Selling Shareholder Unitholder and their respective successors, and said controlling persons, Affiliates, selling agents, 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: Underwriting Agreement (Exterran Holdings Inc.), Underwriting Agreement (Exterran Partners, L.P.)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Subsidiary Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Subsidiary Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 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 UnderwritersInitial Purchasers, the Company, the Bank and the Selling Shareholder Subsidiary Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (CHC Helicopter Corp), Supreme International Corp

Parties. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Mettler and the Selling Shareholder Shareholders 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 U.S. Underwriters, the Company, the Bank Mettler and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank Mettler and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Mettler Toledo International Inc/), Mettler Toledo International Inc/

Parties. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Packard Bioscience Co), Aether Systems LLC

Parties. This The applicable Terms Agreement shall inure to the benefit of and be binding upon the UnderwritersCompany and, upon execution of such Terms Agreement, the Company, the Bank and the Selling Shareholder Underwriters and their respective successors. Nothing expressed or mentioned in this these Underwriting Agreement Standard Provisions or such Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this such Terms Agreement or any provision herein or therein contained. This Any applicable Terms Agreement and all conditions and provisions hereof thereof, including these Underwriting Agreement Standard Provisions, are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank parties hereto and the Selling Shareholder thereto and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (Suncor Energy Inc), Terms Agreement (Suncor Energy Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and Adviser, the Selling Shareholder Administrator 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 Bank and Adviser, the Selling Shareholder Administrator and their respective successors and the controlling persons, Affiliatesaffiliates, selling agentsemployees, officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank and Adviser, the Selling Shareholder Administrator and their respective successors, and said controlling persons, Affiliatesaffiliates, selling agentsemployees, 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 2 contracts

Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)

Parties. This Agreement and the applicable Terms Agreement shall each inure to the benefit of and be binding upon the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors. Nothing expressed or mentioned in this Agreement or the applicable Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6, 7 and 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or the applicable Terms Agreement or any provision herein or therein contained. This Agreement and the applicable Terms Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Underwritersyou, the Company, the Bank Company and your and the Selling Shareholder and their Company's respective successors, and said controlling persons, Affiliates, selling agents, 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 the Offered Securities from any Underwriter you shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Terms Agreement (Motorola Inc), Motorola Inc

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyTransaction Entities, the Bank and the Selling Shareholder 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 CompanyTransaction Entities, the Bank and the Selling Shareholder Stockholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the CompanyTransaction Entities, the Bank and the Selling Shareholder Stockholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Underwriters and the Selling Shareholder QR Parties and their respective successorssuccessors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives. 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 Bank Underwriters and the Selling Shareholder QR Parties and their respective successors successors, and the said controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 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, the Company, the Bank Underwriters and the Selling Shareholder QR Parties and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (QR Energy, LP), Underwriting Agreement (QR Energy, LP)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Controlling Shareholder and the Selling Shareholder Shareholders 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 Bank Controlling Shareholder and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections Section 6 and Section 7 and 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, the Company, the Bank Controlling Shareholder and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 (SinoTech Energy LTD), Underwriting Agreement (SinoTech Energy LTD)

Parties. This Agreement shall each inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Republic Services Inc), Purchase Agreement (Wellpoint Health Networks Inc /Ca/)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersSales Agents, the Company, the Bank and the Selling Shareholder 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 UnderwritersSales Agents, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors and the controlling personspersons and officers, Affiliatestrustees and directors, selling agents, officers and directors employees or agents referred to in Sections 7 10 and 8 11 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 UnderwritersSales Agents, the Company, the Bank and the Selling Shareholder Operating Partnership and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors employees or agents 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 Sales Agents shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage Inc.)

Parties. This Agreement shall inure to the benefit of ------- and be binding upon the UnderwritersInitial Purchasers, the Company, the Bank Company and the Selling Shareholder Subsidiary Guarantors 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 UnderwritersInitial Purchasers, the Company, the Bank Company and the Selling Shareholder Subsidiary Guarantors and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 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 UnderwritersInitial Purchasers, the Company, the Bank Company and the Selling Shareholder Subsidiary Guarantors and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Isle of Capri Casinos Inc)

Parties. This Underwriting Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyIssuing Entity, the Bank and Bond Issuers, the Selling Shareholder Sponsors 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 Bank and the Selling Shareholder Issuing Entity and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 8 and 8 9 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 CompanyIssuing Entity, the Bank and Bond Issuers, the Selling Shareholder Sponsors and their respective successors, and said controlling 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 Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: OE Funding LLC

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank and Manager, the Selling Shareholder 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, the Bank and Manager, the Selling Shareholder Stockholders and their respective successors and the controlling persons, Affiliates, selling agents, officers persons and directors other indemnified parties referred to in Sections 7 and 8 and 9 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 Bank and Manager, the Selling Shareholder Stockholders and their respective successors, and said controlling persons, Affiliates, selling agents, officers persons 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 1 contract

Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon each of the Underwriters, the CompanyFund, the Bank and the Selling Shareholder each Adviser 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 CompanyFund, the Bank and the Selling Shareholder each Adviser and their respective successors and the controlling personspersons and shareholders, Affiliatespartners, selling agentsmembers, directors, officers and directors trustees referred to in Sections 6 and 7 and 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, the CompanyFund, the Bank and the Selling Shareholder each Adviser and their respective partners and successors, and said controlling personspersons and officers, Affiliatestrustees, selling agentsshareholders, officers members, partners and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities AMPS from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Auction Agency Agreement (Pimco Corporate Opportunity Fund)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Bank you and the Selling Shareholder Company and their respective any Terms Agreement shall inure to the benefit of and be binding upon the Company and the Underwriter, and its successors. Nothing expressed or mentioned in this Agreement or a Terms Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto or thereto and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 8 and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in with respect of to this Agreement or a Terms Agreement or any provision herein or therein contained. This Agreement and any Terms Agreement and all conditions and provisions hereof or thereof are intended to be for the sole and exclusive benefit of the Underwriters, the Company, the Bank and the Selling Shareholder parties and their respective successors, successors and said controlling persons, Affiliates, selling agents, persons and officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and for the benefit of no other person, firm or corporation. No purchaser of Securities Certificates from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Terms Agreement (Accredited Home Lenders Inc)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersInitial Purchaser, the Company, the Bank Operating Partnership and the Selling Shareholder 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 UnderwritersInitial Purchaser, the Company, the Bank Operating Partnership and the Selling Shareholder Advisor and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 and 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 UnderwritersInitial Purchaser, the Company, the Bank Operating Partnership and the Selling Shareholder Advisor and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Initial Purchaser shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.)

Parties. This Agreement and the Pricing Agreement shall each ------- inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyOfferors, the Bank and the Selling Shareholder and their respective successors. Nothing expressed or mentioned in this Agreement or the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Company, the Bank and the Selling Shareholder parties hereto and their respective successors and the controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors referred to in Sections 6 and 7 and 8 and their heirs and legal representativesrepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or the Pricing Agreement or any provision herein or therein contained. This Agreement and the Pricing 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 Bank and the Selling Shareholder parties hereto and their respective successors, and said controlling personspersons and officers, Affiliates, selling agents, officers trustees and directors and their heirs and legal representativesrepresentative, 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 1 contract

Samples: Underwriting Agreement (Life Financial Capital Trust)

Parties. This Agreement shall each inure to the benefit ------- of and be binding upon the Underwriters, Underwriters and the Company, the Bank and the Selling Shareholder 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, Holding, the Bank and General Partner, VLP, the Selling Shareholder Partnership and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, Holding, the Bank and General Partner, VLP, the Selling Shareholder Partnership and their respective successors, and said controlling persons, Affiliates, selling agents, 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 1 contract

Samples: Purchase Agreement (Brylane Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the UnderwritersAgents, the CompanyForward Purchasers, the Bank and Forward Sellers, the Selling Shareholder 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, the CompanyForward Purchasers, the Bank and Forward Sellers, the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 7 10 and 8 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 UnderwritersAgents, the CompanyForward Purchasers, the Bank and Forward Sellers, the Selling Shareholder Company and their respective successors, and said controlling persons, Affiliates, selling agents, 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 Agents, the Forward Purchasers or the Sellers shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Equity Distribution Agreement (Portland General Electric Co /Or/)

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Bank Selling Stockholder and the Selling Shareholder 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 UnderwritersUnderwriter, the Company, the Bank Selling Stockholder and the Selling Shareholder Company and their respective successors and the controlling persons, Affiliates, selling agents, officers and directors referred to in Sections 6 and 7 and 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, the Bank Selling Stockholder and the Selling Shareholder Company and their respective successors, successors and said controlling 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 Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Visa Inc.)

Parties. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank each Combining Company and the Selling Shareholder 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 U.S. Underwriters, the Company, the Bank each Combining Company and the Selling Shareholder Stockholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank Combining Companies and the Selling Shareholder Stockholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Oil States International Inc

Parties. This Agreement shall each inure to ------- the benefit of and be binding upon the U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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 U.S. Underwriters, the Company, the Bank Company and the Selling Shareholder and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor success or by reason merely of such purchase.

Appears in 1 contract

Samples: Purchase Agreement (Knoll Inc)

Parties. This Agreement shall inure to the benefit of and be binding upon the Underwriters, U.S. Underwriters and the Company, the Bank Company and the Selling Shareholder Shareholders 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, U.S. Underwriters and the Company, the Bank Company and CHS and the Selling Shareholder Shareholders and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, U.S. Underwriters and the Company, the Bank Company and the Selling Shareholder Shareholders and their respective successors, and said controlling persons, Affiliates, selling agents, 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 U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Appears in 1 contract

Samples: Community Health Systems Inc/

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Company, the Bank Founder and the Selling Shareholder 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 Underwriters, the Company, the Bank Founder and the Selling Shareholder Stockholder and their respective successors and the controlling persons, Affiliates, selling agents, persons and officers and directors referred to in Sections 6 and 7 and 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, the Company, the Bank Founder and the Selling Shareholder Stockholder and their respective successors, and said controlling persons, Affiliates, selling agents, 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 1 contract

Samples: Purchase Agreement (Interactive Intelligence Inc)

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