Representations and Warranties by the Company. The Company represents and warrants 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 pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Appears in 17 contracts
Samples: Equity Distribution Agreement (Western Asset Mortgage Capital Corp), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)
Representations and Warranties by the Company. The Company represents and warrants 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(o7(n) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement Agent, as follows:
Appears in 17 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)
Representations and Warranties by the Company. The Company represents and warrants 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 6 contracts
Samples: Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Capstead Mortgage Corp), Equity Distribution Agreement (Two Harbors Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants 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 Shares 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 (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent Agents 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 AgentAgents, as follows:
Appears in 4 contracts
Samples: Management Agreement (Ares Commercial Real Estate Corp), Equity Distribution Agreement (Granite Point Mortgage Trust Inc.), Equity Distribution Agreement (Two Harbors Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, 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 pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Appears in 4 contracts
Samples: Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent Agents 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 pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement AgentAgents, as follows:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Astronics Corp), Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Core Laboratories N V)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent Agents 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(o7(n) of this Agreement Agreement, as of each Applicable Time (as defined below) and as of the time of each sale of any Securities pursuant to this Agreement (the “Applicable Time”)Settlement Date, and agrees with the Placement AgentAgents, as follows:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to the Placement each 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 pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement each Agent, as follows:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (WGL Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, 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 and as of the time of each sale of 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 (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc)
Representations and Warranties by the Company. The Company represents and warrants 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(o7(p) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement Agent, as follows:
Appears in 2 contracts
Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)
Representations and Warranties by the Company. The Company represents and warrants 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 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 (Velocity Financial, Inc.)
Representations and Warranties by the Company. The Company represents and warrants 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 pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement Agent, as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company hereby represents and warrants to the Placement Agent Agents that 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, and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement AgentAgents, as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent Agents and the Forward Purchasers 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(o7(p) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement AgentAgents and the Forward Purchasers, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (National Health Investors Inc)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, 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 Placement Securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Mitcham Industries Inc)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent Agents 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(o7(p) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined below), and agrees with the Placement AgentAgents, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (National Health Investors Inc)
Representations and Warranties by the Company. The Company represents and warrants 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) hereof, as of this Agreement each Applicable Time (as defined herein) and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined herein), and agrees with the Placement Agent, as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company represents and warrants 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 3 of each sale of any Securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Marinus Pharmaceuticals Inc)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent as of the date hereof and as of each Representation Date (as defined hereinin Section 7(n)(ii) below) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined in Section 6(b) below), and agrees agree with the Placement Agent, Agent as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent Agents 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 Shares or any securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement AgentAgents, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Arlington Asset Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent Agents as of the date hereof and as of each Representation Date (as defined hereinin Section 7(n)(ii) below) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined in Section 6(b) below), and agrees with the Placement Agent, Agents as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Oaktree Specialty Lending Corp)
Representations and Warranties by the Company. The Company represents and warrants to the Placement each Agent and agrees with each 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 and 8(o), as of the time of each sale of any Securities or any securities pursuant to this Agreement (the each, an “Applicable Time”), ) and agrees with the Placement Agentas of each Settlement Date, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)
Representations and Warranties by the Company. The Company represents and warrants to the Placement Agent as of the date hereof of the first Placement Notice hereunder 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 pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Appears in 1 contract
Representations and Warranties by the Company. The Company represents and warrants to the each Placement Agent as of the date hereof and as of each Representation Date (as defined hereinin Section 7(n)(ii) below) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this Agreement Agreement, as of each Applicable Time and as of the time of each sale of any Securities pursuant to this Agreement Settlement Date (the “Applicable Time”as defined in Section 6(b) below), and agrees with the Placement Agent, Agents as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Representations and Warranties by the Company. The Company represents and warrants 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(o7(a)(15) of this Agreement and as of the time of each sale of any Securities Shares or any securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, the Placement Agent as of the date hereof Effective Date 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 Placement Securities pursuant to this Agreement (the “Applicable Time”), and agrees with the Placement Agent, as follows:
Appears in 1 contract
Samples: Equity Distribution Agreement (Mitcham Industries Inc)
