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

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent, warrant and covenant to the Manager as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time and as of each Settlement Date, and agrees with the Manager, as follows:

Appears in 12 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)

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Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent, represent and warrant and covenant to the Manager Agent that as of the date hereof and hereof, as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement7(q), as of each Applicable Time and as of the time of each Settlement Date, and agrees with the Manager, as followssale of any Placement Shares pursuant to this Agreement:

Appears in 9 contracts

Samples: Sales Agreement (Summit Hotel Properties, Inc.), Terms Agreement (Summit Hotel Properties, Inc.), Terms Agreement (Summit Hotel Properties, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent, warrant and covenant to the Manager as of the date hereof and as of each Representation Date (as defined below) on which a certificate is certificates are required to be delivered pursuant to Section 7(o8(o) of this Agreement, as of each Applicable Time and as of each Settlement Date, and agrees with the Manager, as follows:

Appears in 4 contracts

Samples: Equity Distribution Agreement (NexPoint Residential Trust, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent, represent and warrant and covenant to the Manager as of the date hereof and as of each Representation Date (as defined below) on which a certificate is certificates are required to be delivered pursuant to Section 7(o) of this Agreementhereof, as of each Applicable Time and as of each Settlement Date, and agrees with the Manager, as follows:

Appears in 3 contracts

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership, Partnership jointly and severallyseverally represent and warrant to, representand agree with, warrant and covenant to the Manager that as of the date hereof of this Agreement and as of each Representation Date (as defined in Section 7(n) below) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this Agreement, as of each Applicable Time Settlement Date and as of each Settlement Date, and agrees with Applicable Time (as defined in Section 20(a)) as the Manager, as followscase may be:

Appears in 3 contracts

Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)

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Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent, represent and warrant and covenant to each of the Manager Agents that as of the date hereof and hereof, as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement), as of each Applicable Time and as of the time of each Settlement Date, and agrees with the Manager, as follows:sale of any Placement Shares pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Indus Realty Trust, Inc.)

Representations and Warranties of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, represent, represent and warrant and covenant to the Manager as of the date hereof and as of each Representation Date (as defined below) on which a certificate is certificates are required to be delivered pursuant to Section 7(o8(o) of this Agreementhereof, as of each Applicable Time and as of each Settlement Date, and agrees with the Manager, as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

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