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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 9 contracts

Samples: Underwriting Agreement (Davita Inc), Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.)

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Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, indemnities and other statements of the Company, and the Seller or the officers of its officers either and of the several Underwriters each Underwriter set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriter, Underwriters or the officers or employees of any UnderwriterCompany, or any person controlling the Underwriter or (B) acceptance of the Securities officers, directors or controlling persons referred to in Section 7 hereof, and will survive delivery of and payment for them hereunderthe related Offered Securities. The provisions of Section 5, Section Sections 7, Section 8, Section 9, this Section 13 and Section 17 14 hereof shall survive the termination or cancellation of this Agreement.

Appears in 7 contracts

Samples: Underwriting Agreement (Indymac Abs Inc), Underwriting Agreement (Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2006-A), Underwriting Agreement (Home Equity Mortgage Loan Asset-Backed Trust, Series Inabs 2007-B)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, indemnities 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 operative and in full force and effect, regardless of any (Aa) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriter, the officers Underwriters or employees of any Underwriter, the Company or any person of its respective officers, directors or controlling the Underwriter or (B) acceptance persons referred to in Section 8 hereof, and will survive delivery of the Securities and payment for them hereunderthe Notes. The provisions of Section 5Sections 6, Section 7, Section 8, Section 9, this Section 13 11 and Section 17 14 hereof shall survive the termination or cancellation of this Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its each Selling Stockholder and their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the Company, the officers or employees of any Underwriter, the Company, any Selling Stockholder or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Clayton Dubilier & Rice Fund v L P), Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Clayton Dubilier & Rice Fund v L P)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its the Guarantors, their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the Company, any Guarantor, the officers or employees of any Underwriter, the Company, any Guarantor, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co)

Representations and Indemnities to Survive Delivery. The respective indemnities, rights of contribution, agreements, representations, warranties and other statements of the CompanyIssuers, of its the Operating Partnership, their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities Notes and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Suburban Propane Partners Lp), Underwriting Agreement (Suburban Propane Partners Lp)

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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 2 contracts

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

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the CompanyIssuers, of its the Operating Partnership, their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities Notes and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Suburban Propane Partners Lp), Underwriting Agreement (Suburban Propane Partners Lp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its each Selling Stockholder and their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the Company, the officers or employees of any Underwriter, the Company, any Selling Stockholder or any person controlling the an Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co)

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 operative and in full force and effect, regardless of any (Aa) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the QIU, the officers or employees of any UnderwriterUnderwriter or the QIU, or any person controlling the Underwriter or the QIU or (Bb) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section Sections 7, Section 8, Section 9, this Section 8 and 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Comstock Oil & Gas GP, LLC), Underwriting Agreement (Bill Barrett Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its each Selling Stockholder and their respective officers and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any the Underwriter, the Company, the officers or employees of any the Underwriter, the Company, any Selling Stockholder or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 2 contracts

Samples: Agreement (Graphic Packaging Holding Co), Agreement (Graphic Packaging Holding Co)

Representations and Indemnities to Survive Delivery. The respective indemnities, --------------------------------------------------- agreements, representations, warranties warranties, indemnities and other statements of the Company, of its FFI or their officers and of the several Underwriters set forth in or made pursuant to this Agreement and the related Terms Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriterthe Underwriters or the Company, the officers or employees of any Underwriter, FFI or any person controlling the Underwriter or (B) acceptance of the Securities officers, directors or controlling persons referred to in Section 7 hereof, and will survive delivery of and payment for them hereunderthe related Offered Securities. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 7 hereof shall survive the termination or cancellation of this Agreement and the related Terms Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Firstplus Investment Corp), Terms Agreement (Firstplus Investment 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 Underwriter set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any the Underwriter, the officers or employees of any the Underwriter, or any person controlling the Underwriter or Underwriter, (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section Sections 7, Section 8, Section 9, this Section 13 9 and Section 17 12 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Alliant Techsystems 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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the Company, the officers or employees of any Underwriter, the Company, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Graphic Packaging Holding Co)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, indemnities and other statements of the Company, of its the Selling Stockholders, of their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriter, the officers Underwriters or employees of any Underwriter, the Company or the Selling Stockholders or any person of their respective officers, directors or controlling the Underwriter or (B) acceptance persons referred to in Section 8 hereof, and will survive delivery of the Securities and payment for them hereunderthe Securities. The provisions of Section 5, Section Sections 7, Section 8, Section 911, this Section 13 12, 13, 14 and Section 17 15 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Donnelley Financial Solutions, Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Companyeach Issuer, of its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Regency Energy Partners LP)

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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 12, Section 15 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Activision Blizzard, 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 operative and in full force and effect, regardless of any (Aa) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the QIU, the officers or employees of any UnderwriterUnderwriter or the QIU, or any person controlling the Underwriter or the QIU or (Bb) acceptance of the Securities and payment for them hereunder. The provisions of Section Sections 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Comstock Resources 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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the QIU, the officers or employees of any UnderwriterUnderwriter or the QIU, or any person controlling the Underwriter or the QIU or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Unit 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 operative and in full force and effect, regardless of any (Aa) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, Underwriter or any person controlling the Underwriter or (Bb) acceptance of the Securities and payment for them hereunder. The Notwithstanding anything herein to the contrary, the provisions of Section Sections 5, Section 7, Section 8, Section 9, this Section 9 and 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Bill Barrett Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, indemnities and other statements of the CompanyCompany or its officers, of its officers the Underwriter and of the several Underwriters Forward Seller set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any the Underwriter, the officers or employees of any UnderwriterCompany, the Forward Seller or any person of their respective officers, directors or controlling persons within the Underwriter or (B) acceptance meaning of the Securities Act, and will survive delivery of and payment for them hereunderthe Shares. The provisions of Section 5Sections 6, Section 7, Section 8, Section 9, this Section 13 10 and Section 17 hereof shall survive the termination or cancellation of this Agreement, the Forward Sale Agreement and any Additional Forward Sale Agreement.

Appears in 1 contract

Samples: Xcel Energy Inc

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 and of the several Underwriters set forth in or made pursuant to this the Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriter, Underwriter or the officers or employees of any Underwriter, Company or any person of their respective officers, directors or controlling persons within the Underwriter or (B) acceptance meaning of the Securities Act, and will survive delivery of and payment for them hereunderthe Debt Securities. The provisions of Section Sections 5, Section 7, Section 8, Section 9, this Section 13 8 and Section 17 9 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Northern States Power Co /Wi/)

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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the QIU, the officers or employees of any UnderwriterUnderwriter or the QIU, or any person controlling the Underwriter or the QIU or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Autonation, Inc.)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company, of its each Selling Stockholder and their respective officers and of the several Underwriters Underwriter set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any the Underwriter, the Company, the officers or employees of any the Underwriter, the Company, any Selling Stockholder or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 12 and Section 17 16 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Agreement (Graphic Packaging Holding Co)

Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties warranties, indemnities and other statements of the Company, of its the Selling Stockholder, of their respective officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriter, the officers Underwriters or employees of any Underwriter, the Company or the Selling Stockholder or any person of their respective officers, directors or controlling the Underwriter or (B) acceptance persons referred to in Section 8 hereof, and will survive delivery of the Securities and payment for them hereunderthe Securities. The provisions of Section 5, Section Sections 7, Section 8, Section 911, this Section 13 12, 13, 14 and Section 17 15 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (LSC Communications, 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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 12 and Section 17 15 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Activision Blizzard, 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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or its affiliates which offer Securities, officers, directors, employees and agents or such controlling person or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Davita Healthcare Partners 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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or (B) acceptance of the Securities and payment for them hereunder. The provisions of Section 5, Section 76, Section 8, Section 9, Section 10, this Section 13 14 and Section 17 18 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Catamaran Corp)

Representations and Indemnities to Survive Delivery. The respective indemnities, --------------------------------------------------- agreements, representations, warranties warranties, indemnities and other statements of the Company, of or its officers and of the several Underwriters each Underwriter set forth in or made pursuant to this Agreement will remain operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, investigation made by or on behalf of any Underwriter, Underwriters or the officers or employees of any UnderwriterCompany, or any person controlling the Underwriter or (B) acceptance of the Securities officers, directors or controlling persons referred to in Section 7 hereof, and will survive delivery of and payment for them hereunderthe related Offered Securities. The provisions of Section 5, Section 7, Section 8, Section 9, this Section 13 and Section 17 7 hereof shall survive the termination or cancellation of this Agreement. 12.

Appears in 1 contract

Samples: Terms Agreement (Indymac Abs 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 operative and in full force and effect, regardless of any (Aa) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the QIU, the officers or employees of any UnderwriterUnderwriter or the QIU, or any person controlling the Underwriter or the QIU or (Bb) acceptance of the Securities and payment for them hereunder. The Notwithstanding anything herein to the contrary, the provisions of Section Sections 5, Section 7, Section 8, Section 9, this Section 9 and 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Bill Barrett 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 operative and in full force and effect, regardless of any (A) investigation, or statement as to the results thereof, made by or on behalf of any Underwriter, the officers or employees of any Underwriter, or any person controlling the Underwriter or any Underwriter, (B) acceptance of the Securities and payment for them hereunder. The provisions of Section Sections 5, Section 7, Section 8, Section 9, this Section 9 and 13 and Section 17 hereof shall survive the termination or cancellation of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Alliant Techsystems Inc)

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