Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 255 contracts
Samples: Sales Agreement (Immunomedics Inc), Sales Agreement (DermTech, Inc.), Sales Agreement (Syros Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 179 contracts
Samples: Sales Agreement (Cytokinetics Inc), Common Stock (Cyngn Inc.), Common Stock (Nanoviricides, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 155 contracts
Samples: Sales Agreement (Assertio Holdings, Inc.), Sales Agreement (TrovaGene Inc.), Sales Agreement (Assembly Biosciences, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 124 contracts
Samples: Sales Agreement (Entasis Therapeutics Holdings Inc.), Sales Agreement (Caledonia Mining Corp PLC), Sales Agreement (Rubicon Technologies, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 83 contracts
Samples: Sales Agreement (Pharvaris N.V.), Sales Agreement (Satsuma Pharmaceuticals, Inc.), Sales Agreement (GENELUX Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 66 contracts
Samples: Equity Distribution Agreement (Atossa Therapeutics, Inc.), Sales Agreement (Barnwell Industries Inc), Common Stock (Precipio, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 55 contracts
Samples: Sales Agreement (Emerald Oil, Inc.), Common Stock (Oculus Innovative Sciences, Inc.), Sales Agreement (Aeterna Zentaris Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 31 contracts
Samples: Common Stock (Synta Pharmaceuticals Corp), Common Stock (Mannkind Corp), Sales Agreement (Acadia Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 30 contracts
Samples: Gryphon Digital Mining, Inc., Common Stock (Tg Therapeutics, Inc.), Sales Agreement (Lpath, Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 29 contracts
Samples: Sales Agreement (Conformis Inc), Sales Agreement (Dicerna Pharmaceuticals Inc), Sales Agreement (Mirati Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 28 contracts
Samples: Sales Agreement (Marker Therapeutics, Inc.), Sales Agreement (Gorilla Technology Group Inc.), Sales Agreement (ProQR Therapeutics N.V.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 26 contracts
Samples: Sales Agreement (Kura Oncology, Inc.), Sales Agreement (NanoString Technologies Inc), Sales Agreement (NanoString Technologies Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 20 contracts
Samples: Sales Agreement (fuboTV Inc. /FL), Sales Agreement (Checkpoint Therapeutics, Inc.), Sales Agreement (fuboTV Inc. /FL)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenHCW, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 20 contracts
Samples: Sales Agreement (Cyclacel Pharmaceuticals, Inc.), Sales Agreement (Flux Power Holdings, Inc.), Sales Agreement (Proteostasis Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 20 contracts
Samples: Sales Agreement (Ardelyx, Inc.), Commo Stock (RiceBran Technologies), Cherry Hill Mortgage Investment Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 19 contracts
Samples: Sales Agreement (Magnum Hunter Resources Corp), MLV Atm Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 18 contracts
Samples: Asset Servicing Agreement (Gramercy Capital Corp), Sales Agreement (Essex Property Trust Inc), Sales Agreement (Essex Property Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 15 contracts
Samples: Sales Agreement (Seaspan CORP), Common Stock (Pacific Ethanol, Inc.), Parkervision Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 13 contracts
Samples: Sales Agreement (LIGHTBRIDGE Corp), Sales Agreement (HomeStreet, Inc.), Equity Distribution Agreement
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 13 contracts
Samples: Sales Agreement (Dare Bioscience, Inc.), Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Beyond Air, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 12 contracts
Samples: Sales Agreement (Hersha Hospitality Trust), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (First Potomac Realty Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 12 contracts
Samples: Sales Agreement (Durect Corp), Sales Agreement (Aerpio Pharmaceuticals, Inc.), Sales Agreement (Biotime Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company Transaction Entities herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (ia) any investigation made by or on behalf of Cowenthe Manager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees, partners or controlling persons), (iib) delivery and acceptance of the Placement Shares and payment therefor or (iiic) any termination of this Agreement.
Appears in 11 contracts
Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 11 contracts
Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc), Market Sales Agreement (Paratek Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 11 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of the Agent herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 11 contracts
Samples: MONROE CAPITAL Corp, MONROE CAPITAL Corp, Stellus Capital Investment Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXx Xxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 10 contracts
Samples: Sales Agreement (Peregrine Pharmaceuticals Inc), Sales Agreement (Xoma LTD /De/), Valence Technology Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agents herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 10 contracts
Samples: Sales Agreement (Actinium Pharmaceuticals, Inc.), Original Sales Agreement (Actinium Pharmaceuticals, Inc.), Original Sales Agreement (Fortress Biotech, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXX Xxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 10 contracts
Samples: Sales Agreement (Morphic Holding, Inc.), Sales Agreement (Rapid Micro Biosystems, Inc.), Sales Agreement (scPharmaceuticals Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and Xxxxx-Xxxxxx herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx-Xxxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 9 contracts
Samples: Common Stock (Icad Inc), Sales Agreement (Microvision, Inc.), Microvision, Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 9 contracts
Samples: Sales Agreement (Pulmatrix, Inc.), Sales Agreement (KalVista Pharmaceuticals, Inc.), Sales Agreement (Inmune Bio, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of MLV herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 8 contracts
Samples: Transwitch Corporation (Transwitch Corp /De), Curis Inc, Aveo Pharmaceuticals Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company or the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 8 contracts
Samples: Sales Agreement (Ardelyx, Inc.), Sales Agreement (Signal Genetics, Inc.), Sales Agreement (Vitae Pharmaceuticals, Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 7 contracts
Samples: Common Stock (BIND Therapeutics, Inc), Sales Agreement (Tranzyme Inc), Sales Agreement (Curis Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Samples: Market Sales Agreement (Sonnet BioTherapeutics Holdings, Inc.), Sales Agreement (Uranium Resources Inc /De/), Sales Agreement (Matinas BioPharma Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of the Agents herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Samples: Horizon Technology Finance Corp, Horizon Technology Finance Corp, Horizon Technology Finance Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenAscendiant, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 7 contracts
Samples: Common Stock (Ault Alliance, Inc.), Sales Agreement (Phunware, Inc.), Common Stock (DPW Holdings, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 7 contracts
Samples: Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (HRPT Properties Trust), Sales Agreement (Anworth Mortgage Asset Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (Tanzanian Gold Corp), Sales Agreement (Egalet Corp), Sales Agreement (Onconova Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agent, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 6 contracts
Samples: Common Stock (Verb Technology Company, Inc.), Sales Agreement (Society Pass Incorporated.), Sales Agreement (BioSig Technologies, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective datessurvive and remain in full force and effect, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Sales Agreement (Aurora Cannabis Inc), Sales Agreement (Aurora Cannabis Inc), Common Stock (Innovate Biopharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Adcare Health Systems, Inc, Adcare Health Systems, Inc, Cerus Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Novavax Inc, Novavax Inc, Novavax Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 7 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriters, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and BP herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBP, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Vical Incorporated (Vical Inc), Vical Incorporated (Vical Inc), Common Stock (Mannkind Corp)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenSVB Leerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 5 contracts
Samples: Sales Agreement (uniQure N.V.), Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Axovant Gene Therapies Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of of: (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), ; (ii) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Gold Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agents, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (ENDRA Life Sciences Inc.), ENDRA Life Sciences Inc., ENDRA Life Sciences Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (YRC Worldwide Inc.), Market Issuance Sales Agreement (Xoma LTD /De/), Sales Agreement (Allena Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Golden Star Resources Ltd.), Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Resource Capital Corp.), Resource Capital Corp., Resource Capital Corp.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agents, any controlling personsperson of the Sales Agents, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Orbital Energy Group, Inc.), Sales Agreement (Sorrento Therapeutics, Inc.), Sales Agreement (Scilex Holding Co)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of made by the Company Partnership Parties herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Partnership Parties (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Hoegh LNG Partners LP), Hoegh LNG Partners LP, KNOT Offshore Partners LP
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and FBR herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Evoke Pharma Inc, Mannkind Corp, Enphase Energy, Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenHCW, any controlling personspersons of HCW, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Capricor Therapeutics, Inc.), Common Stock (Savara Inc), Stock Sales Agreement (Capricor Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 12 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Pennymac Mortgage Investment Trust (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and Univest herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenUnivest, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Houston American Energy Corp, Houston American Energy Corp, Houston American Energy Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Gold & Silver Trust)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Security Agreement (Landmark Infrastructure Partners LP), Landmark Infrastructure Partners LP, Stonemor Partners Lp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Agile Therapeutics Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 and Section 11 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Agreement and Any Terms Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (American Capital Agency Corp), Sales Agreement (American Capital Agency Corp), American Capital Agency Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxxxxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Galectin Therapeutics Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLeerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (uniQure N.V.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (uniQure N.V.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.), Original Agreement (Infinity Pharmaceuticals, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Sales Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Volitionrx LTD), Equity Distribution Agreement (Interpace Diagnostics Group, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 β10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (SITIME Corp), Sales Agreement (Momentus Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares ADSs and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Itamar Medical Ltd.), Sales Agreement (Adagene Inc.), Sales Agreement (RedHill Biopharma Ltd.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Notes and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Magicjack Merger Agreement (B. Riley Financial, Inc.), Magicjack Merger Agreement (B. Riley Financial, Inc.), B. Riley Financial, Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenChardan, any controlling personsperson of Chardan, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Nymox Pharmaceutical Corp), Equity Distribution Agreement (Hemispherx Biopharma Inc), Equity Distribution Agreement (Cemtrex Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, employees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Pangaea Logistics Solutions Ltd., Pangaea Logistics Solutions Ltd., Eagle Bulk Shipping Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), Sales Agreement (LIGHTBRIDGE Corp), Aemetis, Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered by the Company pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Southern Missouri Bancorp, Inc., Lakeland Bancorp Inc, Unity Bancorp Inc /Nj/
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Shares Sales Agreement (Adaptimmune Therapeutics PLC), Stock Sales Agreement (Corindus Vascular Robotics, Inc.), Sales Agreement (Aptose Biosciences Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: America First Multifamily Investors, L.P., America First Multifamily Investors, L.P., America First Multifamily Investors, L.P.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenManager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (Invitae Corp), Sales Agreement (Oyster Point Pharma, Inc.), Sales Agreement (Cabaletta Bio, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx Fargo, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (BOSTON OMAHA Corp), Sales Agreement (CBL & Associates Properties Inc), BOSTON OMAHA Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 11 and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Agency and Security Agreement (Exela Technologies, Inc.), Exela Technologies, Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenan Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCantor, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares sold by Cantor and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Scynexis Inc, Scynexis Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenB. Xxxxx FBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: CorMedix Inc., Monmouth Real Estate Investment Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Rait Financial Trust (RAIT Financial Trust), RAIT Financial Trust
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenAegis, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (SciSparc Ltd.), Singing Machine Co Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLadenburg, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares sold by Ladenburg and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Curis Inc), Curis Inc
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 7 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriters, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.
Appears in 2 contracts
Samples: Common Stock (TherapeuticsMD, Inc.), Underwriting Agreement (TherapeuticsMD, Inc.)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective its officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Durect Corporation (Durect Corp), Durect Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRS, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Babcock & Wilcox Enterprises, Inc., Greenidge Generation Holdings Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Coweneach Sales Agent, any controlling personsperson of each Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCredit Agricole, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenan Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Perspective Therapeutics, Inc., Meta Materials Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 10 hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Equity Sales Agreement (Accelerate Diagnostics, Inc), Pfenex Inc.
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered by the Company pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenNSC, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: ITUS Corp, Pedevco Corp
Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their its respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)