REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent or controlling person, or by, or on behalf of, the Company and shall survive delivery of the Common Shares.
Appears in 13 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, representations and warranties and agreements contained in this Agreement, or contained in certificates of officers of the Company submitted and the Operating Partnership herein or in certificates delivered pursuant hereto, hereto shall remain operative and in full force and effect, effect regardless of (i) any investigation made by or on behalf of the Sales Agent or controlling personand its officers, or bydirectors, or on behalf ofemployees and agents and any Controlling Persons, the Company (ii) delivery and shall survive delivery acceptance of the Common SharesShares and payment therefor or (iii) any termination of this Agreement.
Appears in 8 contracts
Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements covenants contained in this Agreement, Agreement or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter, any person controlling any Underwriter or controlling personany affiliate of any Underwriter, or by, by or on behalf ofof the Company, its officers or directors or any person controlling the Company Company, and shall survive delivery the acceptance of and payment for any of the Common Shares.
Appears in 6 contracts
Samples: Purchase Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties warranties, agreements and agreements covenants contained in this Agreement, Agreement or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf ofof the Company, the Company and shall survive delivery of the Common SharesShares to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, Agreement or contained in certificates of officers of the Company or the Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf of, of the Company or the Adviser, and shall survive delivery of the Common SharesShares to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (CM Finance Inc)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf ofof the Company, the Company and shall survive delivery of the Common SharesShares to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (WPS Resources Corp), Underwriting Agreement (Southwest Water Co), Underwriting Agreement (Southwest Water Co)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties warranties, agreements and agreements covenants contained in this Agreement, Agreement or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf ofof the Company, the Company and shall survive delivery of the Common SharesNotes to the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, Agreement or contained in certificates of officers of the Company or any of its subsidiaries or in certificates of Trustees of the Trust submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf of, of the Company or the Trust, and shall survive delivery of the Common SharesTrust Preferred Securities to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (WPSR Capital Trust I), WPSR Capital Trust I
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf ofof the Company, the Company and shall survive delivery of the Common SharesSecurities to the Underwriters.
Appears in 1 contract
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent BNYMCM or controlling person, or by, or on behalf of, the Company and shall survive delivery of the Common Shares.
Appears in 1 contract
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent Barclays or controlling person, or by, or on behalf of, the Company and shall survive delivery of the Common Shares.
Appears in 1 contract
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf ofof the Company, the Company and shall survive delivery of the Common SharesSenior Securities to the Underwriters.
Appears in 1 contract
REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations, warranties and agreements contained in this Agreement, Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent any Underwriter or controlling person, or by, by or on behalf ofof the Company, the Company and shall survive delivery of the Common SharesDebt Securities to the Underwriters.
Appears in 1 contract
