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 or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 179 contracts
Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co), Underwriting Agreement (Southern 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 103 contracts
Samples: Underwriting Agreement (Cytec Industries Inc/De/), Underwriting Agreement (Istar Financial Inc), Underwriting Agreement (Waddell & Reed Financial 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 you or any Underwriter or controlling personperson who controls you, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersTermination Date.
Appears in 44 contracts
Samples: Dealer Manager Agreement (Inland American Real Estate Trust, Inc.), Soliciting Dealers Agreement (Inland American Real Estate Trust, Inc.), Dealer Management Agreement (Inland Diversified Real Estate Trust, 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 Companies 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 Representative or controlling personperson of the Representative, or by, by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of the Senior any Notes to the UnderwritersRepresentative or any controlling person.
Appears in 42 contracts
Samples: Underwriting Agreement (AFS Funding Trust), Underwriting Agreement (Americredit Automobile Receivables Trust 2003-B-X), Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2006-1)
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 termination of this Agreement, or the applicable Terms Agreement or any investigation made by or on behalf of the Underwriters or any Underwriter or controlling personperson thereof, or by, by or on behalf of the Company Company, its officers or directors and shall survive delivery of the Senior Notes any Certificates to the Underwriters.
Appears in 38 contracts
Samples: Underwriting Agreement (Abn Amro Mortgage Corp Series 2002-5), Underwriting Agreement (Abn Amro Mortgage Corp Mul Class Mor Pass THR Ce Ser 2002-10), Underwriting Agreement (Abn Amro Mortgage 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 or the Bank 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 controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 26 contracts
Samples: Agency Agreement (Madison Bancorp Inc), Agency Agreement (Fraternity Community Bancorp Inc), Agency Agreement (Fraternity Community 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 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 personUnderwriter, or by, by or on behalf of the Company Company, or by or on behalf of any of the controlling persons and officers and directors referred to in Sections 8 and 9 hereof, and shall survive delivery of the Senior Notes Certificates to the Underwriters.
Appears in 20 contracts
Samples: Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2008-C1), Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Underwriting Agreement (TIAA Seasoned Commercial Mortgage Trust 2007-C4)
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 or controlling personeither Underwriter, or by, by or on behalf of the Company Company, or by or on behalf of any of the controlling persons and officers and directors referred to in Sections 8 and 9 hereof, and shall survive delivery of the Senior Notes Certificates to the Underwriters.
Appears in 19 contracts
Samples: Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2005-C7), Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2005-C1), Underwriting Agreement (Structured Asset Securities Corp Ii)
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 any of its subsidiaries submitted pursuant hereto, 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, by or on behalf of the Company Company, and shall survive each delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 17 contracts
Samples: Distribution Agreement (Puget Sound Energy Inc), Distribution Agreement (Doral Financial Corp), Distribution Agreement (Homeside Lending 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 any of their 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 14 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
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 the Underwriter or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes to the UnderwritersUnderwriter.
Appears in 14 contracts
Samples: Underwriting Agreement (Mississippi Power Co), Underwriting Agreement (Georgia Power Co), Underwriting Agreement (Gulf 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 Underwriter or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 13 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (Oklahoma Gas & Electric Co)
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 or the Bank 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 Agent or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 11 contracts
Samples: Agency Agreement (FB Bancorp, Inc. /MD/), Agency Agreement (HV Bancorp, Inc.), Agency Agreement (Mercer Bancorp, 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, 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 11 contracts
Samples: Purchase Agreement (HRPT Properties Trust), Purchase Agreement (CommonWealth REIT), Purchase Agreement (HRPT Properties Trust)
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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 11 contracts
Samples: Purchase Agreement (Istar Financial Inc), Underwriting Agreement (First Midwest Bancorp Inc), Purchase Agreement (Istar Financial Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers or Trustees of the Company Offerors 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 Offerors and shall survive delivery of the Senior Notes Preferred Securities to the Underwriters.
Appears in 8 contracts
Samples: Agent Agreement (Gulf Power Co), Underwriting Agreement (Savannah Electric & Power Co), Georgia 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 or any of its subsidiaries or the Selling Shareholder 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, by or on behalf of the Company or the Selling Shareholder, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 7 contracts
Samples: Purchase Agreement (Phoenix Companies Inc/De), Purchase Agreement (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (Penn National Gaming 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 Depositor or the Seller 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 personpersons thereof, or by, by or on behalf of the Company Depositor or the Seller, and shall survive delivery of the Senior Notes any Underwritten Certificates to the Underwriters.
Appears in 7 contracts
Samples: Argent Securities (Argent Securities Trust 2006-M2), Argent Securities (Argent Securities Trust 2006-M1), Argent Securities (Argent Securities Inc. Series 2006-W3 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, 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 Senior Notes to the Underwriters.
Appears in 7 contracts
Samples: Southern Co, Southern Co, Georgia 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 6 contracts
Samples: Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties and agreements of the Company 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 the termination of this Agreement or any investigation made by or on behalf of any Underwriter Agent or any person controlling person, any Agent or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Distribution Agreement (Paccar Inc), Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar 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 or the Bank 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 Agent or controlling person, or by, by or on behalf of the Company or the Bank, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Agency Agreement (Eureka Homestead Bancorp, Inc.), Agency Agreement (PB Bankshares, Inc.), Agency Agreement (TC Bancshares, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Company submitted pursuant heretohereto 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersUnderwritten Securities.
Appears in 6 contracts
Samples: Underwriting Agreement (Oakwood Homes Corp), Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement and Terms Agreement (Caraustar Industries 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, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agents or the Company or any Underwriter of the officers, directors, employees, agents or controlling personpersons referred to in Section 10 hereof, or by, or on behalf of the Company and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 6 contracts
Samples: Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc), Equity Distribution Agreement (Ladenburg Thalmann Financial Services 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (James River Group, INC), Underwriting Agreement (James River Group, INC)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained or incorporated in this Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, Agreement shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Broker-Dealer or any Underwriter or controlling person, or by, by or on behalf of the Company or any controlling person, director or officer of the Company, and shall survive delivery of the Senior Notes to the UnderwritersPurchasers.
Appears in 5 contracts
Samples: Dealer Selling Agreement (Sovereign Credit Finance Ii Inc), Sovereign Credit Finance I Inc, Tamarack Funding Corp
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained in certificates of officers of the Company submitted pursuant heretohereto 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 5 contracts
Samples: Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants Inc), Underwriting Agreement (Darden Restaurants 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 or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes Preference Stock to the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Alabama 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 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 the Underwriter or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 5 contracts
Samples: Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Superior Energy Services 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 or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Offered Certificates to the Underwriters.
Appears in 4 contracts
Samples: Bcap LLC, Painewebber Asset Acceptance Corp, Securitized Asset Backed Receivables LLC
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, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Sales Agent or the Company or any Underwriter of the officers, directors, employees, agents or controlling personpersons referred to in Section 10 hereof, or by, or on behalf of the Company and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Castle Brands Inc), Equity Distribution Agreement (Castle Brands Inc), Equity Distribution Agreement (ONCOSEC MEDICAL 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, 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Preferred Shares to the Underwriters.
Appears in 4 contracts
Samples: Purchase Agreement (CommonWealth REIT), Purchase Agreement (HRPT Properties Trust), Purchase 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 or Trustees of the Company Offerors 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, by or on behalf of the Company Offerors and shall survive delivery of the Senior Notes Capital Securities to the Underwriterspurchasers therefor.
Appears in 4 contracts
Samples: Underwriting Agreement (Southern Financial Capital Trust I), Underwriting Agreement (Resource Capital Trust I), Commonwealth Bankshares 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 or controlling person, or by, by or on behalf of the Company and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Firstar Corp /New/), Wachovia Corp/ Nc, Firstar Corp /New/
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 the Agents or any Underwriter or controlling personperson of an Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 3 contracts
Samples: Boeing Capital Corp, Boeing Capital Corp, Boeing Capital 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Debt Securities to the Underwriters.
Appears in 3 contracts
Samples: Purchase Agreement (Oge Energy Corp), Oge Energy Corp, Oge Energy Corp
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 3 contracts
Samples: Underwriting Agreement (Hospitality Properties Trust), Underwriting Agreement (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 certificates of officers of the Company and the Guarantor 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 or the Guarantor and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Southern Co Gas), Underwriting Agreement (SOUTHERN Co GAS), SOUTHERN Co GAS
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 the Selling Stockholders 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, by or on behalf of the Company or the Selling Stockholders, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 3 contracts
Samples: Purchase Agreement (Usi Holdings Corp), Purchase Agreement (Turner Paul H), Purchase Agreement (Simons Stephen W)
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 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersOffered Securities.
Appears in 3 contracts
Samples: Execution (Gillette Co), Gillette Co, Gillette Co
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, 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes Preferred Securities to the Underwriters.
Appears in 3 contracts
Samples: NSP Financing Ii, NSP Financing Ii, Og&e Financing I
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 heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of an Agent or any Underwriter or controlling personperson of such Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Distribution Agreement (Mge Energy Inc), Madison Gas & Electric 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 heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of an Agent or any Underwriter or controlling personperson of an Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Deere & Co, Deere John Capital 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (Oge Energy 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 or Xxxxxx Mutual 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 controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Mercer Insurance Group Inc, Mercer Insurance 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 the Underwriter or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes Preferred Stock to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Purchase Agreement (Alabama Power Co), Alabama 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 Companies 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 Representative or controlling personperson of the Representative, or by, by or on behalf of the Company Companies or any officers, 27 directors or controlling persons and shall survive delivery of the Senior any Notes to the UnderwritersRepresentative or any controlling person.
Appears in 2 contracts
Samples: Americredit Financial Services Inc, Americredit Financial Services 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 or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern 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 or any of its Subsidiaries or the Selling Shareholders 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, by or on behalf of the Company or the Selling Shareholders, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 2 contracts
Samples: Precise Software Solutions LTD, Southwest Bancorp Inc /Tx/
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 the Operating Partnership 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, by or on behalf of the Company or the Operating Partnership, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Purchase Agreement (Keystone Property Trust), Purchase Agreement (Keystone Property 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, 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 Senior Notes to the UnderwritersInitial Purchasers.
Appears in 2 contracts
Samples: Purchase Agreement (Southern Power Co), Southern 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 or any of its Subsidiaries or the Selling Shareholders 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, by or on behalf of the Company or any Selling Shareholder, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 2 contracts
Samples: Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Rayovac 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Purchase Agreement (Oklahoma Gas & Electric Co)
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 or the Selling Shareholder 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, by or on behalf of the Company or the Selling Shareholder, and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Nextlink Communications LLC), Underwriting Agreement (Nextlink Communications LLC)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers of the Mutual Holding Company, Company and Bank 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 Agent or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Agency Agreement (BV Financial, Inc.), Agency Agreement (BV Financial, Inc.)
Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties of the Company and agreements the Underwriters 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 the termination of this Agreement or any investigation made by or on behalf of any Underwriter or any person controlling person, any Underwriter or by, by or on behalf of the Company Company, and shall survive each delivery of the Senior Notes to the Underwritersand payment for any of Purchased Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Paccar Financial Corp), Underwriting Agreement (Paccar Financial 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, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter the Placement Agent or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersFund.
Appears in 2 contracts
Samples: Macerich Co, Health Care Reit Inc /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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Shares to the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Oge 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Greater Atlantic Financial Corp), Underwriting Agreement (Metrocorp Bancshares 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 you or on your behalf or by or on behalf of any Underwriter or a controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwritersyou.
Appears in 2 contracts
Samples: Underwriting Agreement (Realty Income Corp), Underwriting 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 submitted pursuant hereto, including indemnity and contribution agreements, 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 any person controlling person, or by, any Underwriter by or on behalf of the Company Company, its officers or directors, and shall survive delivery of acceptance and payment for the Senior Notes to the Underwritershereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Stewart Enterprises Inc), Underwriting Agreement (Stewart Enterprises Inc)
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, 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, by or on behalf of the Company and the Originators, and shall survive delivery of the Senior Notes Certificates to the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: 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, Agreement or contained in certificates of officers of the Company Company, the Operating Partnership or any of its subsidiaries submitted pursuant hereto, 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, by or on behalf of the Company Operating Partnership, and shall survive each delivery of and payment for the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Distribution Agreement (Duke Realty Limited Partnership/), Distribution 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 heretohereto 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, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: Bankboston Corp, Bank of Boston 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, the Mutual Holding Company or the Bank submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agent or any Underwriter or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Fairfield County Bank Corp., Fairfield County Bank Corp.
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant heretohereto 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 any Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 2 contracts
Samples: American General Finance Corp, American General Finance 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 or the Association 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 controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Agency Agreement (St. Joseph Bancorp, Inc.), Agency Agreement (Security of Pennsylvania Financial Corp)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto 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, by or on behalf of the Company Offerors, and shall survive delivery of and payment for the Senior Notes to the UnderwritersUnderwritten Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Telephone & Data Systems Inc), Terms Agreement (Telephone & Data Systems 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 Companies or any Subsidiary submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Manager or controlling person, or by, by or on behalf of the Company Companies, and shall survive delivery of the Senior Notes Units to the UnderwritersManagers.
Appears in 2 contracts
Samples: Purchase Agreement (Dura Pharmaceuticals Inc/Ca), International Purchase Agreement (Dura Pharmaceuticals Inc/Ca)
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 any of its subsidiaries submitted pursuant hereto, hereto or thereto 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 2 contracts
Samples: Purchase Agreement (Solectron Corp), Purchase Agreement (Solectron 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 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 any controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Alabama Power Co
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained in certificates of officers of the Company submitted pursuant heretohereto 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersSecurities.
Appears in 1 contract
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 or controlling personUnderwriter, or by, by or on behalf of the Company Company, or by or on behalf of any of the controlling persons and officers and directors referred to in SECTIONS 8 and 9 hereof, and shall survive delivery of the Senior Notes Certificates to the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Structured Asset Sec Corp Com Mort Pas THR Certs Ser 2000-C3)
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 the Operating Partnership 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 Placement Agent or controlling person, or by, by or on behalf of the Company or the Operating Partnership, and shall survive delivery of the Senior Notes Securities to the UnderwritersFunds.
Appears in 1 contract
Samples: Keystone Property Trust
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 the Bank 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, by or on behalf of the Company or the Selling Shareholders, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Samples: Purchase Agreement (Republic Banking Corp of Florida)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of the Company and officers of the Company submitted contained herein or in certificates delivered pursuant hereto, and the indemnity and contribution agreements contained in Section 8 hereof, shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by, by or on behalf of the Company or any of its officers, directors or controlling persons, and shall survive delivery of the Senior Notes Underwritten Shares and, as applicable, the Option Shares to the UnderwritersRepresentatives or termination of this Agreement.
Appears in 1 contract
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 heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Agent or any Underwriter or controlling personperson of any Agent, or by, by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 1 contract
Samples: Midamerican Energy Financing Ii
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained in certificates of officers of the Company submitted pursuant heretohereto 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersDebt Securities.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto 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, by or on behalf of the Company Company, and shall survive delivery of and payment for the Senior Notes to the UnderwritersUnderwritten Securities.
Appears in 1 contract
Samples: Underwriting Agreement (United States Cellular 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 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, by or on behalf of the Company and shall survive delivery of the Senior Notes Preferred Stock to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Savannah Electric & Power Co
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 or the Bank 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 personpersons, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersShares.
Appears in 1 contract
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 or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes Depositary Shares to the Underwriters.
Appears in 1 contract
Samples: Mississippi Power Capital Trust Iii
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, or contained in certificates of the general partner of the Operating Partnership or the 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 person, or by, by or on behalf of the Operating Partnership, the Company and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Samples: Evans Withycombe Residential 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Samples: Specialty Laboratories
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 the Partnership submitted pursuant heretoto this Agreement, 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, by or on behalf of the Company or the Partnership, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreementof the Company, or contained in certificates of and the officers of the Company submitted herein or in certificates delivered pursuant hereto, and the indemnity and contribution agreements contained in Sections 9 and 10 hereof, shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by, by or on behalf of the Company or any of its officers, directors or controlling persons, and shall survive delivery of the Senior Notes Underwritten Shares and, if appropriate, the Option Shares to the UnderwritersRepresentatives or termination of this Agreement.
Appears in 1 contract
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 and the Guarantor submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of an Agent or any Underwriter or controlling personperson of an Agent, or by, by or on behalf of the Company and the Guarantor, and shall survive each delivery of and payment for any of the Senior Notes to the UnderwritersNotes.
Appears in 1 contract
Samples: Deere & Co
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 Primary Parties 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersShares.
Appears in 1 contract
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 or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes Corporate Units to the Underwriters.
Appears in 1 contract
Samples: The Southern Company (Southern Co)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in or incorporated into this Agreement, or contained in certificates of officers of the Company Officers submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Purchasers or any Underwriter or controlling personPerson of any Purchaser, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Term B Notes to the Underwritersand Term B Warrants.
Appears in 1 contract
Samples: Warrant Purchase Agreement (Viasource Communications Inc)
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement, Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Company submitted pursuant hereto, 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, by or on behalf of the Company or controlling person, and shall survive delivery of and payment for the Senior Notes to the UnderwritersUnderwritten Securities.
Appears in 1 contract
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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
Samples: Global Industries LTD
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 or controlling person, or by, or on behalf of the Company and shall survive delivery of the Senior Notes to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Alabama Power Co
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 or the Bank submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Agents or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes to the UnderwritersSecurities.
Appears in 1 contract
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 or controlling person, or by, by or on behalf of the Company and shall survive delivery of the Senior Notes Junior Subordinated Debentures to the Underwriters.
Appears in 1 contract
Samples: Virginia 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 or any of its subsidiaries or on behalf of either Selling Stockholder 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, by or on behalf of the Company or either Selling Stockholder and shall survive delivery of the Senior Notes Securities to the Underwriters.
Appears in 1 contract
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 heretohereto and identified as such, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter Investor or controlling person, or by, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Shares to the UnderwritersInvestors.
Appears in 1 contract
Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreementof the Company, or contained in certificates of the Stockholder and the officers of the Company submitted herein or in certificates delivered pursuant hereto, and the indemnity and contribution agreements contained in Section 8 hereof, shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of any Underwriter Underwriters or any controlling person, or by, by or on behalf of the Company or any of its officers, directors or controlling persons, and shall survive delivery of the Senior Notes Underwritten Shares and, if appropriate, the Option Shares to the UnderwritersRepresentatives or termination of this Agreement.
Appears in 1 contract
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 or the general partner of the Operating Partnership 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, by or on behalf of the Company Company, the Operating Partnership, and shall survive delivery of the Senior Notes Securities to the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Purchase Agreement (Evans Withycombe Residential 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 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, by or on behalf of the Company Company, and shall survive delivery of the Senior Notes Securities to the Underwriters.. SECTION 10
Appears in 1 contract