Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 52 contracts
Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wisconsin Electric Power Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Offered Certificates to the UnderwritersUnderwriter.
Appears in 48 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2007-He1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He5), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2007-He2)
Representations, Warranties and Agreements 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, effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersSenior Notes.
Appears in 42 contracts
Samples: Underwriting Agreement (Dominion Resources Inc /Va/), Underwriting Agreement (Consolidated Natural Gas Co/Va), Electric and Power Company (Virginia Electric & Power Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company, Company and shall survive delivery of and payment for the Securities to the UnderwritersUnderwritten Securities.
Appears in 42 contracts
Samples: Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any termination of the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, Company or the Operating Partnership and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 38 contracts
Samples: Terms Agreement (Duke Realty Limited Partnership/), Terms Agreement (Duke Realty Limited Partnership/), Underwriting Agreement (Duke Realty Limited Partnership/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling personUnderwriter, or by or on behalf of the Company, or by or on behalf of any of the controlling persons and officers and directors referred to in Sections 8 and 9, and shall survive delivery of the Securities Underwritten Certificates to the Underwriters.
Appears in 35 contracts
Samples: Underwriting Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Underwriting Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Underwriting Agreement (Wachovia Commercial Mortgage Securities Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 (i) investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or directors, or by or on behalf of the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 34 contracts
Samples: Underwriting Agreement (Western Alliance Bancorporation), Purchase Agreement (Brookline Bancorp Inc), Underwriting Agreement (Pacific Premier Bancorp Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Companies submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter officers, directors or controlling personpersons of any of the Underwriters, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons of either of the Companies and shall survive delivery of the Securities any Notes to the Underwriters.
Appears in 32 contracts
Samples: Basic Servicing Agreement (ACAR Leasing Ltd.), Underwriting Agreement (ACAR Leasing Ltd.), Underwriting Agreement (ACAR Leasing Ltd.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the Underwriters.
Appears in 32 contracts
Samples: Purchase Agreement (Alliant Energy Corp), Underwriting Agreement (Interstate Power & Light Co), Purchase Agreement (Alliant Energy Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 32 contracts
Samples: Restricted Stock Unit Award Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Healthpeak Properties, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and 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 any Underwriter or any affiliate, selling agent or controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 30 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Companies submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter officers, directors or controlling personpersons of any of the Underwriters, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons of either of the Companies and shall survive delivery of the Securities any Offered Notes to the Underwriters.
Appears in 27 contracts
Samples: Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2021-2)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Companies submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Representatives or controlling personperson of the Representatives, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons and shall survive delivery of the Securities any Publicly Offered Notes to the UnderwritersRepresentatives or any controlling person.
Appears in 23 contracts
Samples: Underwriting Agreement (AFS SenSub Corp.), Underwriting Agreement (GMF Floorplan Owner Revolving Trust), Underwriting Agreement (AFS SenSub Corp.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 22 contracts
Samples: Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any U.S. Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the U.S. Underwriters.
Appears in 21 contracts
Samples: Purchase Agreement (Boston Scientific Corp), Purchase Agreement (Mih LTD), Purchase Agreement (Pepsi Bottling Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 20 contracts
Samples: Purchase Agreement (Usi Holdings Corp), Purchase Agreement (Usi Holdings Corp), Purchase Agreement (Fidelity Bankshares Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling personperson of an Underwriter, or by or on behalf of the Company, and shall survive each delivery of the Securities to the Underwritersand payment for any Offered Securities.
Appears in 18 contracts
Samples: Terms Agreement (Apache Corp), Terms Agreement (Apache Corp), Terms Agreement (Apache Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement or in certificates of officers of the Company Company, the Guarantor or any of their respective subsidiaries submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Guarantor, and shall survive delivery of and payment for the Securities to the UnderwritersUnderwritten Securities.
Appears in 18 contracts
Samples: Terms Agreement (Chubb LTD), Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and 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 any Underwriter or any controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 18 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 17 contracts
Samples: Underwriting Agreement (Viacom Inc.), Underwriting Agreement (Viacom Inc.), Terms Agreement (Exact Sciences Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholders submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Selling Shareholders, and shall survive delivery of the Securities to the Underwriters.
Appears in 16 contracts
Samples: Purchase Agreement (Caprock Communications Corp), Purchase Agreement (Veeco Instruments Inc), Purchase Agreement (Flagstar Bancorp Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersUnderwritten Securities.
Appears in 16 contracts
Samples: Underwriting Agreement (Autozone Inc), Terms Agreement (Sirius Satellite Radio Inc), Terms Agreement (Imc Global Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities Securities; provided, however, that the representations and warranties of the Company shall be deemed to be made as of the Underwritersdate of execution of this Agreement and the Closing Time only.
Appears in 15 contracts
Samples: Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 15 contracts
Samples: MGM Mirage, Purchase Agreement (Franchise Finance Corp of America), Purchase Agreement (Pointe Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company any party hereto submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by by, or on behalf of of, the Selling Agent, the Manager or any Underwriter or controlling person, or by or on behalf person who controls any of the Company, foregoing and shall survive delivery the Initial and each Additional Closing Time in the form restated and reaffirmed as of the Securities to the Underwriterseach such closing time.
Appears in 14 contracts
Samples: Selling Agreement (Man AHL FuturesAccess LLC), Selling Agreement (ML BlueTrend FuturesAccess LLC), Selling Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Notes to the Underwriters.
Appears in 14 contracts
Samples: Underwriting Agreement (CommonWealth REIT), Underwriting Agreement (HRPT Properties Trust), Underwriting Agreement (HRPT Properties Trust)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Bank submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any an Underwriter or controlling personperson of an Underwriter, or by or on behalf of the CompanyBank, and shall survive each delivery of and payment for any of the Securities to the UnderwritersSecurities.
Appears in 14 contracts
Samples: Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp), Underwriting Agreement (Westpac Banking Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 13 contracts
Samples: Underwriting Agreement (Edge Petroleum Corp), Underwriting Agreement (Edge Petroleum Corp), Purchase Agreement (Republic Airways Holdings Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Depositor or the Seller submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons thereof, or by or on behalf of the CompanyDepositor or the Seller, and shall survive delivery of the any Securities to the Underwriters.
Appears in 12 contracts
Samples: Underwriting Agreement (BLG Securities Company, LLC), Underwriting Agreement (HMB Acceptance Corp.), Underwriting Agreement (Bayview Financial Securities Co LLC)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 12 contracts
Samples: Purchase Agreement (Nv Energy, Inc.), Purchase Agreement (Nv Energy, Inc.), Nevada Power (Nv Energy, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any (i) investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or directors, or by or on behalf of the Company, Company and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 12 contracts
Samples: Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc), Underwriting Agreement (Radian Group Inc)
Representations, Warranties and Agreements 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 any Underwriter the Underwriters or controlling personpersons thereof, or by or on behalf of the Company, Company and shall survive delivery of the Securities any Offered Certificates to the Underwriters.
Appears in 12 contracts
Samples: Advanta Mortgage Conduit Services Inc, Advanta Mortgage Loan Trust 1999-3, Advanta Mortgage Loan Trust 2000-1
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 (i) investigation made by or on behalf of any the Underwriter or its Affiliates or selling agents, any person controlling personthe Underwriter, its officers or directors, or by or on behalf of the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 11 contracts
Samples: Underwriting Agreement (Eagle Bancorp Inc), Underwriting Agreement (BNC Bancorp), River Valley Bancorp (River Valley Bancorp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersNotes.
Appears in 11 contracts
Samples: Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc), Underwriting Agreement (McCormick & Co Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Corporation submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Agent or any controlling personperson of any Agent, or by or on behalf of the CompanyCorporation, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.
Appears in 11 contracts
Samples: Distribution Agreement (Bank of America Corp /De/), Distribution Agreement (Bank of America Corp /De/), Bank of America Corp /De/
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Depositor submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons thereof, or by or on behalf of the Company, Depositor and shall survive delivery of the Securities any Offered Certificates to the Underwriters.
Appears in 10 contracts
Samples: Underwriting Agreement (Imc Home Equity Loan Trust 1997-3), Underwriting Agreement (Imc Home Equity Loan Trust 1997-2), Underwriting Agreement (Imc Home Equity Loan Trust 1997-1)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or 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 any Underwriter or controlling person, or by or on behalf of the Trust or the Company, and shall survive delivery of the Preferred Securities to the Underwriters.
Appears in 9 contracts
Samples: Underwriting Agreement (MBNK Capital Trust I), Underwriting Agreement (New South Capital Trust I), Underwriting Agreement (Premier Bancshares Inc /Ga)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the any Securities to the Underwriters.
Appears in 9 contracts
Samples: 2001 Underwriting Agreement (Anadarko Petroleum Corp), Underwriting Agreement (Meadwestvaco Corp), Underwriting Agreement (Westvaco Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the any Underwritten Securities to the Underwriters.
Appears in 9 contracts
Samples: Terms Agreement (Deere & Co), Terms Agreement (Deere & Co), Terms Agreement (Deere & Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 9 contracts
Samples: Purchase Agreement (Toyota Motor Credit Corp), Purchase Agreement (Toyota Motor Credit Corp), Purchase Agreement (Toyota Motor Credit Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company General Partner and Enbridge Management submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompanies, and shall survive delivery of the Securities Offered Units to the Underwriters.
Appears in 9 contracts
Samples: Underwriting Agreement (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp, Enbridge Energy Partners Lp
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or any controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersUnderwriter.
Appears in 9 contracts
Samples: Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.), Purchase Agreement (Health Care Property Investors Inc)
Representations, Warranties and Agreements 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 you or any Underwriter or controlling personperson who controls you, or by or on behalf of the Company, Company and shall survive delivery of the Securities to the UnderwritersTermination Date.
Appears in 8 contracts
Samples: Underwriting Agreement (American Church Mortgage Co), Dealer Manager Agreement (Inland Monthly Income Fund Iii Inc), Underwriting Agreement (American Church Mortgage Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersDebt Securities.
Appears in 8 contracts
Samples: Underwriting Agreement (Walt Disney Co/), Underwriting Agreement (Walt Disney Co/), Underwriting Agreement (Walt Disney Co/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and indemnity and contribution agreements contained in this Underwriting Agreement or in certificates of officers of the Company submitted pursuant hereto shall remain operative and in full force and effect, regardless of any termination of this Underwriting Agreement, any investigation made by or on behalf of any Underwriter the Underwriters or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Notes to the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (Cleveland Electric Illuminating Co), Underwriting Agreement (Metropolitan Edison Co), Cleveland Electric Illuminating Co
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements covenants contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter, any person controlling any Underwriter or controlling person, any affiliate of any Underwriter or by or on behalf of the Company, its officers or directors or any person controlling the Company, and shall survive delivery the acceptance of and payment for any of the Securities to the UnderwritersSecurities.
Appears in 8 contracts
Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement and the Pricing Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (American Architectural Products Corp), Underwriting Agreement (Cole National Corp /De/), Underwriting Agreement (Life Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (Fulton Financial Corp), Purchase Agreement (Fulton Financial Corp), Underwriting Agreement (Oceanfirst Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Dime Bancorp Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Companies submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personperson of the Underwriters, or by or on behalf of the CompanyCompanies or any officers, directors or controlling persons and shall survive delivery of the Securities any Offered Notes to the UnderwritersUnderwriters or any controlling person.
Appears in 8 contracts
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2022-5), Underwriting Agreement (Exeter Automobile Receivables Trust 2021-2), Underwriting Agreement (Exeter Automobile Receivables Trust 2021-1)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of the Subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Notes to the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or by directors or on behalf of any person controlling the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 7 contracts
Samples: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter or controlling person, or by or on behalf of the Company, Company and shall survive delivery of the Securities to the Underwriters.
Appears in 7 contracts
Samples: Photon Dynamics Inc, Purchase Agreement (Bally Total Fitness Holding Corp), Purchase Agreement (Frontier Insurance Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Manager submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of (A) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or directors, or by any person controlling the Company or on behalf of the CompanyManager, and shall survive (B) delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Trustees of the Trust or any of its other subsidiaries submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Preferred Securities to the Underwriters.
Appears in 6 contracts
Samples: Purchase Agreement (Fleetboston Financial Corp), Purchase Agreement (Fleetboston Financial Corp), Purchase Agreement (Fleetboston Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company and 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 any Underwriter or controlling person, or by or on behalf of the Company, Company and shall survive delivery of the Securities to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (R&g Financial Corp), Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (Oriental Financial Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or Agreement, 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 Agents or any Underwriter or controlling personperson of the Agents, or by or on behalf of the Company, and shall survive each delivery of and payment for the Securities to the UnderwritersNotes.
Appears in 6 contracts
Samples: Representations and Indemnity Agreement (Allstate Life Insurance Co), Representations and Indemnity Agreement (Allstate Life Global Funding), Representations and Indemnity Agreement (Allstate Life Global Funding)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or contained in certificates of officers of the Company Depositor submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons thereof, or by or on behalf of the CompanyDepositor, and shall survive delivery of the Securities any Certificates to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Synthetic Fixed Income Securities Inc), Underwriting Agreement (Fixed Income Client Solutions LLC), Underwriting Agreement (Synthetic Fixed Income Securities Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 6 contracts
Samples: Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers or Trustees of the Company Offerors submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, Offerors and shall survive delivery of the Capital Securities to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Wachovia Capital Trust Viii), Wachovia Capital Trust Iv, Nb Capital Trust V
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersShares.
Appears in 6 contracts
Samples: Underwriting Agreement (Hospitality Properties Trust), Hospitality Properties Trust, Hospitality Properties Trust
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in agreements delivered pursuant hereto or 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 any Underwriter the Underwriters or controlling personpersons thereof, or by or on behalf of the Company, Company and shall survive delivery of the Securities any Offered Certificates to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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, effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling personany Underwriter, its officers or by directors or on behalf of any person controlling the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc), Purchase Agreement (Agrium Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement or in certificates of officers of the Company submitted pursuant hereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Underwritten Securities to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersNotes.
Appears in 6 contracts
Samples: Underwriting Agreement (Elevance Health, Inc.), Underwriting Agreement (Anthem, Inc.), Underwriting Agreement (Elevance Health, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Trustees of the Trust or any of its other subsidiaries submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Capital Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Chittenden Corp /Vt/), Purchase Agreement (Fleet Capital Trust V), Purchase Agreement (Fleet Financial Group Inc)
Representations, Warranties and Agreements 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, effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersCorporate Units.
Appears in 5 contracts
Samples: Underwriting Agreement (Dominion Resources Inc /Va/), Dominion Resources (Dominion Resources Inc /Va/), Underwriting Agreement (Dominion Resources Inc /Va/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter Agent or any controlling personperson of any Agent, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.
Appears in 5 contracts
Samples: Terms Agreement (Prudential Financial Inc), Distribution Agreement (Prudential Financial Inc), Distribution Agreement (Prudential Financial Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or the Operating Partnership submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompany or the Operating Partnership, and shall survive delivery of the Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Keystone Property Trust), Underwriting Agreement (Lasalle Hotel Properties), Purchase Agreement (Keystone Property Trust)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Depositor and its Affiliates submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriters or any Underwriter or controlling person, or by or on behalf of the CompanyDepositor and its Affiliates, and shall survive delivery of the Offered Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Merrill Auto Trust Securitization 2008-1), Terms Agreement (Pooled Auto Securities Shelf LLC), Terms Agreement (Ml Asset Backed Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company and the Guarantor submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling personperson of an Underwriter, or by or on behalf of the CompanyCompany or the Guarantor, and shall survive each delivery of the Securities to the Underwritersand payment for any Offered Securities.
Appears in 5 contracts
Samples: Terms Agreement (Apache Corp), Terms Agreement (Apache Corp), Apache Corp
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement and the Pricing Agreement, or contained in certificates of officers of the Company and the Originators submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter of the Underwriters or any controlling personperson thereof, or by or on behalf of the CompanyCompany and the Originators, and shall survive delivery of the Securities Offered Certificates to the UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Execution (Money Store Home Equity Corp), Underwriting Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agents or any Underwriter or controlling personperson of an Agent, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.
Appears in 5 contracts
Samples: Distribution Agreement (UDR, Inc.), Distribution Agreement (United Dominion Realty Trust Inc), Distribution Agreement (Apache Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling personyour behalf, or by or on behalf of the Company or any controlling person of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.
Appears in 5 contracts
Samples: Distribution Agreement (General Electric Capital Corp), Distribution Agreement (General Electric Capital Corp), Distribution Agreement (General Electric Capital Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Company, on behalf of the Operating Partnership, submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by or on behalf of the CompanyOperating Partnership or any controlling person, and shall survive delivery of the Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Eop Operating LTD Partnership
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter the Underwriters or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (First Midwest Bancorp Inc), Underwriting Agreement (First Midwest Bancorp Inc), Cox Communications Inc /De/
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Initial Purchaser or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersInitial Purchasers.
Appears in 5 contracts
Samples: Purchase Agreement (Aflac Inc), Purchase Agreement (Nextlink Communications LLC), Nextlink Communications Inc / De
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company submitted pursuant hereto to this Agreement shall remain operative and in full force and effect, effect regardless of any investigation made by you or on your behalf or on behalf of any Underwriter or controlling personperson of you, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.
Appears in 5 contracts
Samples: Distribution Agreement (Dominion Resources Inc /Va/), Distribution Agreement (Virginia Electric & Power Co), Distribution Agreement (Dominion Resources Capital Trust Iv)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Offerors 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 any Underwriter or controlling person, or by or on behalf of the CompanyOfferors, and shall survive delivery of the Trust Preferred Securities to the Underwriters.
Appears in 5 contracts
Samples: Purchase Agreement (Enron Preferred Funding Ii L P), Purchase Agreement (Enron Capital Trust I), Purchase Agreement (Merrill Lynch Preferred Capital Trust Ii)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any the Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Purchase Agreement (Euronet Services Inc), Purchase Agreement (Tiffany & Co), Underwriting Agreement (Gillette Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement, or any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities any Shares to the Underwriters.
Appears in 4 contracts
Samples: Preferred Stock (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch & Co Inc)
Representations, Warranties and Agreements 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, effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersSenior Notes.
Appears in 4 contracts
Samples: Electric and Power Company (Virginia Electric & Power Co), Dominion CNG Capital Trust Ii, Dominion Resources Inc /Va/
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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, effect regardless of (i) any investigation made by or on behalf of any Underwriter or its affiliates or selling agents, any person controlling personany Underwriter, its officers or by directors or on behalf of any person controlling the Company, and shall survive (ii) delivery of and payment for the Securities to the UnderwritersNotes.
Appears in 4 contracts
Samples: Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company Companies submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the CompanyCompanies, and shall survive delivery of the Securities Offered Units to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Enbridge Energy Partners Lp), Underwriting Agreement (Lakehead Pipe Line Partners L P), Enbridge Energy Partners Lp
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of you or any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwritersyou.
Appears in 4 contracts
Samples: Health And (Health & Retirement Properties Trust), Purchase Agreement (Health & Retirement Properties Trust), Purchase Agreement (Health & Retirement Properties Trust)
Representations, Warranties and Agreements 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, effect regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive delivery of the Securities to the UnderwritersJunior Subordinated Notes.
Appears in 4 contracts
Samples: Underwriting Agreement (Dominion Resources Inc /Va/), Underwriting Agreement (Dominion Resources Inc /Va/), Dominion Resources Inc /Va/
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities Offered Notes to the Underwriters.
Appears in 4 contracts
Samples: Bcap LLC, Underwriting Agreement (Painewebber Mortgage Acceptance Corporation Iv), Bcap LLC
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersSecurities.
Appears in 4 contracts
Samples: Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc), Underwriting Agreement (McCormick & Co Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company or Capstead submitted pursuant hereto or as contemplated hereby, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Company or Capstead or a controlling person, or by or on behalf of the Companyperson thereof, and shall survive delivery of the Securities any Bonds to the Underwriters.
Appears in 4 contracts
Samples: Terms Agreement (Capstead Securities Corporation Iv), Underwriting Agreement (CMC Securities Corp Iii), CMC Securities Corp Iv
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its respective subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, Company and shall survive delivery of the Securities to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company Depositor submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons thereof, or by or on an behalf of the Company, Depositor and shall survive delivery of the Securities any Certificates to the Underwriters.
Appears in 4 contracts
Samples: First Union Residential Securitization Transactions Inc, First Union Residential Securitization Transactions Inc, First Union Residential Securitization Transactions Inc
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or 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 any Underwriter or controlling person, person or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (PDC Energy, Inc.), Underwriting Agreement (Petroleum Development Corp), Underwriting Agreement (PDC Energy, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersNotes.
Appears in 4 contracts
Samples: Occidental Petroleum Corp /De/, Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto or as contemplated hereby, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any [any] [the] Underwriter or controlling person, or by or on behalf of the Companyperson thereof, and shall survive delivery of the Securities any Certificates to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Underwriting Agreement (Bond Securitization LLC), Terms Agreement (Goldman Sachs Asset Backed Securities Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement of the Company or in certificates of officers of the Company or its subsidiaries submitted pursuant hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Underwriters or controlling personpersons, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities to the UnderwritersNotes.
Appears in 4 contracts
Samples: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement and the Pricing Agreement, or contained in certificates of officers of the Company and the Originators submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter of the Underwriters or any controlling personperson thereof, or by or on behalf of the CompanyCompany and the Originators, and shall survive delivery of the Securities Class A Certificates to the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Money Store Trust 1996-D), Money Store Home Equity Corp, Money Store Home Equity Corp
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive each delivery of and payment for any of the Securities to the UnderwritersOffered Certificates.
Appears in 4 contracts
Samples: Underwriting Agreement (Federal Express Corp), Underwriting Agreement (Federal Express Corp), Underwriting Agreement (Federal Express Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement and the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation (or any statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company, and shall survive delivery of the Offered Securities to the Underwriters.
Appears in 4 contracts
Samples: Terms Agreement (Motorola Inc), Terms Agreement (Motorola Inc), Terms Agreement (Motorola Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or contained in certificates of officers of the Company submitted pursuant hereto hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of and payment for the Securities Notes to the Underwriters.
Appears in 3 contracts
Samples: Conseco Inc, Conseco Inc, Conseco Inc
