Common use of Representations, Warranties and Agreements to Survive Clause in Contracts

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative or controlling person of the Representative, or by or on behalf of the Companies or any officers, directors or controlling persons and shall survive delivery of any Notes to the Representative or any controlling person.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Fund or of the Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Fund or any officers, directors or controlling persons the Adviser and shall survive delivery of any Notes the Shares to the Representative or any controlling personUnderwriter.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Companies 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personUnderwritten Securities.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Fund or of the Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Fund or any officers, directors or controlling persons the Adviser and shall survive delivery of any Notes the Shares to the Representative or any controlling personUnderwriter.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative or controlling person of the Representative, or by or on behalf of the Companies or any officers, directors or controlling persons and shall survive delivery of any Notes to the Representative or any controlling person.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 the Representative any U.S. Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personU.S. Underwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Initial Purchaser or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personInitial Purchasers.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company or any of its subsidiaries, or in certificates of 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Selling Shareholders, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 Representative an Underwriter or any controlling person of the Representativean Underwriter, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes of the Securities to the Representative or any controlling personUnderwriters.

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 Companies Company or trustees of the Trust submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Trust, directors or controlling persons and shall survive delivery of any Notes the Capital Securities to the Representative or any controlling personUnderwriters.

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 Companies 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 Representative you or any controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive each delivery of and payment for any Notes to of the Representative or any controlling personSecurities.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 the Representative any International Manager or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personSecurities.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements -------- contained in this -------- Agreement or contained in certificates of officers of the Companies Fund or of the Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Fund or any officers, directors or controlling persons the Adviser and shall survive delivery of any Notes the Shares to the Representative or any controlling personUnderwriter.

Representations, Warranties and Agreements to Survive. Delivery. All representationsagreements, representations and warranties and agreements contained in this -------- Agreement or contained in certificates of officers of and the Companies submitted pursuant hereto, applicable Terms Agreement 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 of any Underwriter, or the Representative Company, or any officer or director or controlling person of the RepresentativeCompany, or by or on behalf of the Companies or any officers, directors or controlling persons and shall survive delivery of any Notes to and payments for the Representative or any controlling personOffered Securities.

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 Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

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 Companies Company submitted pursuant 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company or any of its subsidiaries, or in certificates of 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in -------- this -------- Agreement or contained in certificates of officers of the Companies Company or MLCC submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Underwriter or controlling person of the Representative, thereof or by or on behalf of the Companies or any officersCompany and MLCC, directors or controlling persons and shall survive delivery of any Notes the Certificates to the Representative or any controlling personUnderwriter.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 the Representative any International Manager or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personInternational Managers.

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 Companies Company submitted pursuant hereto, although speaking only as of the dates at which such representations, warranties and agreements are made, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Underwriters or by or on behalf of any person controlling person of the RepresentativeUnderwriters, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- --------- Agreement or contained in certificates of officers of the Companies 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 Representative Underwriter or any controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personSecurities.

Representations, Warranties and Agreements to Survive. Delivery. -------- All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 Representative Agents or any controlling person of the Representativean Agent, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive each delivery of any Notes to and payment for the Representative or any controlling personNotes.

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 Companies Company submitted pursuant 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 the Representative Underwriter or controlling person of the Representativethereof, or by or on behalf of the Companies or any officers, directors or controlling persons Company and shall survive delivery of any Notes Securities to the Representative or any controlling personUnderwriter.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties warranties, indemnities and agreements contained in this -------- Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Companies 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personUnderwritten Securities.

Representations, Warranties and Agreements to Survive. Delivery. -------- All representations, warranties and agreements contained in this -------- Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Companies Company, on behalf of the Company and as general partner of the Operating Partnership, 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 Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersOperating Partnership and the Company, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personUnderwritten Securities.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Companies Company, the Guarantor or any of their respective 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 Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Guarantor, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personUnderwritten Securities.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company or any of its Subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any International Manager or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personInternational Managers.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company and the Selling Shareholder submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Selling Shareholder, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

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 Companies Company or Capstead submitted pursuant heretohereto or as contemplated hereby, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Company or Capstead or a controlling person of the Representativethereof, or by or on behalf of the Companies or any officers, directors or controlling persons and shall survive delivery of any Notes Certificates to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in -------- this -------- Agreement or contained in certificates of officers of the Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in -------- this -------- Agreement or contained in certificates of officers of the Companies Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Initial Purchaser or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personInitial Purchasers.

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 Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained any Terms Agreement or in certificates of officers of the Companies 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 Representative Agents or any controlling person of the RepresentativeAgents, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive each delivery of and payment for any Notes to of the Representative or any controlling personNotes.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

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 Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officers, directors or controlling persons Company and shall survive delivery of any the Notes to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Initial Purchaser or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personInitial Purchasers.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company or any Subsidiary submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies 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 Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Bank, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of Dominion and/or the Companies Trust submitted pursuant hereto, hereto shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of the Representative any Underwriter or any controlling person of the Representativeany Underwriter, or by or on behalf of Dominion and/or the Companies or any officersTrust, directors or controlling persons and shall survive delivery of any Notes to the Representative or any controlling personSecurities.

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 Companies Company submitted pursuant 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes Shares to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company or any of its subsidiaries or the Selling Shareholder(s) submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Selling Shareholder(s), directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

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 Companies Company submitted pursuant hereto, although speaking only as of the dates at which such representations, warranties and agreements are made, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Underwriters or by or on behalf of any person controlling person of the RepresentativeUnderwriters, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Shares to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in -------- this -------- Agreement or contained in certificates of officers of the Companies 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Trust or any officersthe Company, directors or controlling persons and shall survive delivery of any Notes the Capital Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties warranties, indemnities and agreements contained -------- in this -------- Agreement or any Term Agreement, or contained in certificates of officers of the Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of the applicable Terms Agreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of of, and payment for, any Notes Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- --------- Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Companies 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 the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personUnderwritten Securities.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company or any of its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personUnderwriters.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Companies Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative Placement Agent or controlling person of the Representativeperson, or by or on behalf of the Companies or any officersCompany, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personFund.

Representations, Warranties and Agreements to Survive. Delivery. -------- All representations, warranties and agreements contained in this -------- Underwriting Agreement or contained the applicable Terms Agreement or in certificates of officers of the Companies Company or authorized representatives of the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of or any investigation made by or on behalf of the Representative any Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Operating Partnership, directors or controlling persons and shall survive delivery of any Notes to and payment for the Representative or any controlling personUnderwritten Securities.

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in -------- this -------- Agreement or contained in certificates of officers of the Companies Company or the Selling Stockholder submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Representative any U.S. Underwriter or controlling person of the Representativeperson, or by or on behalf of the Companies Company or any officersthe Selling Stockholder, directors or controlling persons and shall survive delivery of any Notes the Securities to the Representative or any controlling personU.S. Underwriters.