Common use of Representations, Warranties and Agreements of the Company Clause in Contracts

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 10 contracts

Samples: Distribution Agreement (Western Alliance Bancorporation), Distribution Agreement (QuantumScape Corp), Distribution Agreement (BJs RESTAURANTS INC)

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Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the each Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 6 contracts

Samples: Distribution Agreement (Fisker Inc./De), Distribution Agreement (Stemline Therapeutics Inc), Distribution Agreement (Broadmark Realty Capital Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, each of the AgentAgents, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 6 contracts

Samples: Distribution Agreement (Rubius Therapeutics, Inc.), Distribution Agreement (Getty Realty Corp /Md/), Distribution Agreement (Getty Realty Corp /Md/)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the each Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 4 contracts

Samples: Distribution Agreement (Century Communities, Inc.), Distribution Agreement (Century Communities, Inc.), Distribution Agreement (Century Communities, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the AgentAgents, on and as of (i) the date hereof, ; (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), ; (iii) each date on which the Company executes and delivers a Terms Agreement, ; (iv) each Time of Sale (as defined in Section 3(a)), ; (v) each Settlement Date Date; and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 3 contracts

Samples: Distribution Agreement (Alliant Energy Corp), Distribution Agreement (Alliant Energy Corp), Distribution Agreement (Alliant Energy Corp)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, to the Agent, Agent on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 2 contracts

Samples: Distribution Agreement (Brainstorm Cell Therapeutics Inc.), Distribution Agreement (Brainstorm Cell Therapeutics Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, Agents on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 2 contracts

Samples: Terms Agreement (Iron Mountain Inc), Terms Agreement (Iron Mountain Inc)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the AgentXxxxxxx Xxxxx, on and as of (i) the date hereof, (ii) each date on which the Company receives and Xxxxxxx Xxxxx agree upon a Transaction Acceptance Notice (the a “Time of Acceptance”), (iii) each date on which or the Company executes and delivers a Terms Agreement, (iviii) each Time of Sale (as defined in Section 3(a)below), (viv) each Settlement Date and (viv) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (viv), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Lennar Corp /New/)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date ​ ​ ​ (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Axon Enterprise, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, each of the AgentAgents, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b6(a)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Dynex Capital Inc)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:: a.

Appears in 1 contract

Samples: Distribution Agreement (Adma Biologics, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives delivers a Transaction Acceptance Notice (the “Time of AcceptanceDelivery”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a3(I)(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Javelin Mortgage Investment Corp.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Basic Energy Services Inc)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the each Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)) hereof), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) below) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Terms Agreement (Mdu Resources Group Inc)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the AgentXxxxxx Xxxxxxx, on and as of (i) the date hereof, (ii) each date on which the Company receives and Xxxxxx Xxxxxxx agree upon a Transaction Acceptance Notice (the a “Time of Acceptance”), (iii) each date on which the Company or executes and delivers a Terms Agreement, (iviii) each Time of Sale (as defined in Section 3(a)below), (viv) each Settlement Date and (viv) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (viv), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Retail Properties of America, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives accepts a Transaction Acceptance Notice (the “Time of Acceptance”), (iii) each date on which the Company or executes and delivers a Terms Agreement, (iviii) each Time of Sale (as defined in Section 3(a)below), (viv) each Settlement Date and (viv) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (viv), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Terms Agreement (Cathay General Bancorp)

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Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Leap Therapeutics, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, to the Agent, Agents on and as of (i) the date hereofhereof (to the extent applicable), (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Brainstorm Cell Therapeutics Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the [Name of Agent], on and as of (i) the date hereof, (ii) each date on which the Company receives and [Name of Agent] agree upon a Transaction Acceptance Notice (the a “Time of Acceptance”), (iii) each date on which the Company or executes and delivers a Terms Agreement, (iviii) each Time of Sale (as defined in Section 3(a)below), (viv) each Settlement Date and (viv) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (viv), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Retail Properties of America, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, to the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Terms Agreement (Energous Corp)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives and the Agent agree upon a Transaction Acceptance Notice (the a “Time of Acceptance”), (iii) each date on which the Company or executes and delivers a Terms Agreement, (iviii) each Time of Sale (as defined in Section 3(a)below), (viv) each Settlement Date and (viv) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (viv), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Retail Properties of America, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the AgentXxxxxxx Xxxxx, on and as of (i) the date hereof, (ii) each date on which the Company receives accepts a Transaction Acceptance Notice (the a “Time of Acceptance”), (iii) each date on which or the Company executes and delivers a Terms Agreement, (iviii) each Time of Sale (as defined in Section 3(a)below), (viv) each Settlement Date and (viv) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (viv), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Form of Distribution Agreement (Cb Richard Ellis Group Inc)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) for which no waiver is available pursuant to Section 6(b) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (FTC Solar, Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the with each Agent, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Shake Shack Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, to the Agent, Agents on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date Date, and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Brainstorm Cell Therapeutics Inc.)

Representations, Warranties and Agreements of the Company. The Company represents and warrants to, and agrees with, the Agent, with respect to any Agency Transaction or Principal Transaction, and the Forward Purchaser and the Forward Seller, with respect to any Forward Transaction, on and as of (i) the date hereof, (ii) each date on which the Company receives a Transaction Acceptance (the “Time of Acceptance”), (iii) each date on which the Company executes and delivers a Terms Agreement, (iv) each Time of Sale (as defined in Section 3(a)), (v) each Settlement Date and (vi) each Bring-Down Delivery Date (as defined in Section 6(b)) (each such date listed in (i) through (vi), a “Representation Date”), as follows:

Appears in 1 contract

Samples: Distribution Agreement (Edison International)

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