Common use of Representations and Indemnities to Survive Delivery Clause in Contracts

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 69 contracts

Samples: Underwriting Agreement (Nuvasive Inc), Underwriting Agreement (Threshold Pharmaceuticals Inc), Underwriting Agreement (Spirit Finance Corp)

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Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 44 contracts

Samples: Underwriting Agreement (Prologis), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (Portec Rail Products Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers officers, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 8 contracts

Samples: Underwriting Agreement (Osi Pharmaceuticals Inc), Underwriting Agreement (Visible Genetics Inc), Underwriting Agreement (Peco Ii Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers officers, trustees or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 7 contracts

Samples: Note Purchase Agreement (First Potomac Realty Trust), Note Purchase Agreement (First Potomac Realty Trust), Underwriting Agreement (First Potomac Realty Trust)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, indemnities and other statements of the Company, of Company or its officers (as such officers) and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as person within the case may bemeaning of the Securities Act, and will survive delivery of and the payment for the Common Shares sold hereunder and any termination of this AgreementShares.

Appears in 7 contracts

Samples: Underwriting Agreement (Lehman Brothers Holdings Inc), Underwriting Agreement (Lehman Brothers Holdings Inc), Underwriting Agreement (Lehman Brothers Holdings Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (Atossa Genetics Inc), Underwriting Agreement (Atossa Genetics Inc), Underwriting Agreement (Oplink Communications Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers directors and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company Company, or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Securities sold hereunder and any termination of this Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers , of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 5 contracts

Samples: Zenith National (Zenith National Insurance Corp), Underwriting Agreement (Childrens Place Retail Stores Inc), Underwriting Agreement (Childrens Place Retail Stores Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, of the Selling Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Shareholder, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (Photon Dynamics Inc), Underwriting Agreement (Kulicke & Soffa Industries Inc), Creditrust Corp

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their respective partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (Imanage Inc), Underwriting Agreement (Keynote Systems Inc), Underwriting Agreement (Ondisplay Inc)

Representations and Indemnities to Survive Delivery. The --------------------------------------------------- respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company, of its officers or directors and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or officers, directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 4 contracts

Samples: Gaiam Inc, Gaiam Inc, Gaiam Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers parties hereto and of the several Underwriters their respective officers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Underwriters, the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Resource America Inc), Bankunited Financial Corp, Bankunited Financial Corp

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers the Company's officers, the Selling Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Selling Shareholder or the Company Company, or any of its or their respective partners, officers or directors or any controlling person, as the case may bepersons, and will survive delivery of and payment for the Common Offered Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Red Lion Hotels CORP), Underwriting Agreement (Red Lion Hotels CORP)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers officers, and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Orchid Biosciences Inc), Avanir Pharmaceuticals

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their respective partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Notes sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, covenants and other statements of the Company, of its officers or directors and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or officers, directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Comsys It Partners Inc), Young Innovations Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person as the case may be, and will survive delivery of and payment for the Common Offered Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (American Retirement Corp), Underwriting Agreement (American Retirement Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, of the Parent and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Parent, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Atl Products Inc), Atl Products Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, its subsidiaries, the Inside Founders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Provant Inc), Provant Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, person and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Student Advantage Inc), Americredit Corp

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, Company of its officers officers, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Caldera Systems Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers officers, and of the several Underwriters Placement Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Placement Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Epix Medical Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Notes sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Credit Acceptance Corporation

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers Company and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any termination of this Agreement or investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Independent Bankshares Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, of the Principal Shareholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Principal Shareholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Melita International Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Class B Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Ticketmaster Online Citysearch Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany and the Guarantors, of its their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company Company, the Guarantors or any of its or their respective partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Securities sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Jarden Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers officers, or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Offered Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Hanover Capital Mortgage Holdings Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers the Selling Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company Company, the Selling Shareholder or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and or any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Morgan Products LTD)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, of the Selling Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.and

Appears in 1 contract

Samples: CDW Computer Centers Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Novellus Systems Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters you set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter you or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Notes sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Analog Devices Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, and other statements of the Company, of its officers or directors, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or the Company or any of its or their partners, officers or officers, directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Biological Laboratories Inc)

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Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Giant Industries Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and 26 will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Mypoints Com Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, of MSCi and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, principals, members, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Zengine Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters Initial Purchasers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Initial Purchaser or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Debentures sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Proassurance Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers officers, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Youcentric Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its the Parent, their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, the Company, or the Company Parent or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Spectra Physics Lasers Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, and other statements of the Company, of its officers or directors, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or officers, directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Powerize Com Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or any person controlling the Company, of its officers and directors, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Regent Licensee of El Paso Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, the Operating Partnership and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or Underwriter, the Company Company, the Operating Partnership or any of its or their respective partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Healthcare Financial Partners Reit Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partnersofficers, officers or directors trustees, Affiliates, selling agents or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (First Potomac Realty Trust)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyCompany or any person controlling the company, of its officers officers, and of the several Underwriters Purchaser set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Purchaser or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Matritech Inc/De/)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers Company and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Virage Logic Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, of the Selling Shareholder and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, person as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its Company and their officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors directors, affiliates or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Units sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Realtrust Asset Corp

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters Initial Purchaser set forth in or made pursuant to this Agreement will shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Initial Purchaser or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, be and will survive delivery of and payment for the Common Shares Debentures sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Odyssey Re Holdings Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, the Stockholders and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Stockholders, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, or the Selling Stockholder as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Integrated Information Systems Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors officers, directors, agents or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Innovative Valve Technologies Inc

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers officers, and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Orapharma Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Cyberonics Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of Company and its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares Units 28 33 sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Hanover Capital Holdings Inc)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Shares sold hereunder and any termination of this Agreement.on

Appears in 1 contract

Samples: Underwriting Agreement (Petra Capital Inc /De/)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its the Adviser, their respective officers or members and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriter, the Adviser or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and will survive delivery of and payment for the Common Offered Shares sold hereunder and any termination of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Brantley Mezzanine Capital Corp)

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