Common use of Representations and Warranties by the Company and the Operating Partnership Clause in Contracts

Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent and warrant to the Placement Agent as of the date hereof and as of each Representation Date (as defined herein) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement and as of the time of each sale of any Securities or any securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:

Appears in 5 contracts

Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Arbor Realty Trust Inc)

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Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent and warrant to the Placement Agent as of the date hereof and as of each Representation Date (as defined herein) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement and as of the time of each sale of any Securities or any securities pursuant to this Agreement (the “Applicable Time”), and agrees agree with the Placement Agent, as follows:

Appears in 4 contracts

Samples: Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Sutherland Asset Management Corp), Equity Distribution Agreement (Sutherland Asset Management Corp)

Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent and warrant to the Placement Agent as of the date hereof and as of each Representation Date (as defined herein) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement and as of the time of each sale of any Securities or any securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:

Appears in 3 contracts

Samples: Equity Distribution Agreement (Northstar Realty Finance Corp.), Equity Distribution Agreement (Northstar Realty), Equity Distribution Agreement (Northstar Realty Finance Corp.)

Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent and warrant to the Placement Agent as of the date hereof and as of each Representation Date (as defined hereinbelow) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities or any securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement Agent, as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (Whitestone REIT)

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Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent and warrant to the Placement Agent as of the date hereof and hereof, as of each Representation Date (as defined hereinbelow) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement Agreement, as of each Applicable Time (as defined below) and as of the time of each sale of any Securities or any securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement Agent, as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (Whitestone REIT)

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