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

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, any of the Subsidiaries, the Adviser or the Administrator submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent or its Affiliates or selling agents, any person controlling the Sales Agent, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All of the respective representations, warranties and agreements of the Company and the Sales Agent contained in this Agreement Agreement, or in certificates of officers of the Company, any of the Subsidiaries, the Adviser or the Administrator submitted Company delivered pursuant heretoto this Agreement, shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of the Sales Agent or its Affiliates or selling agents, any controlling person controlling of the Sales Agent, its officers or directors by or on behalf of the Company, or any director, officer or controlling person controlling of the Company Company, and (ii) shall survive delivery of and payment for the SecuritiesShares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of its subsidiaries or any of the Subsidiaries, the Adviser or the Administrator Selling Stockholders submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers officers, directors or directors members, any person controlling the Company or any person controlling the Company Selling Stockholders and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties warranties, indemnities and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its subsidiaries or the Administrator Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or the Company or any officer or director or any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of its subsidiaries or any of the Subsidiaries, the Adviser or the Administrator Selling Shareholders submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent Underwriter or its Affiliates or selling agents, any person controlling the Sales AgentUnderwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Shareholders and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, any of the Subsidiaries, the Adviser or the Administrator Company submitted pursuant hereto, and the agreements of the Agents, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales an Agent or its Affiliates or Affiliates, selling agents, officers or directors or any person controlling the Sales such Agent, or the Company or its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its subsidiaries or the Administrator Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Stockholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its Subsidiaries or the Administrator Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement of the Company and the Selling Shareholder or in certificates of officers of the Company, the Selling Shareholder, ILPT or any of the Subsidiaries, the Adviser or the Administrator their respective subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, the Operating Partnership or any of the Subsidiaries, the Adviser or the Administrator their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent Placement Agents or its their Affiliates or selling agents, any person controlling the Sales any Placement Agent, its officers or directors directors, any person controlling the Company or any person controlling the Company Operating Partnership and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its Subsidiaries or the Administrator Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholders and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser or the Administrator its subsidiaries submitted pursuant hereto, and the agreements of the Agents shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales an Agent or its Affiliates or Affiliates, selling agents, officers or directors or any person controlling the Sales such Agent, or the Company or its officers or directors member of its Board of Trust Managers, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, Affiliated Entities or of the Adviser or the Administrator Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or any person controlling the Company or any person controlling any Selling Shareholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties warranties, agreements, indemnification and agreements contributions contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its subsidiaries or the Administrator Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Shareholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements of the Company and the Agents contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser or the Administrator subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales an Agent or its Affiliates or Affiliates, selling agents, officers or directors or any person controlling the Sales such Agent, or the Company or its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesPlacement ADSs.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, the Operating Partnership and any other subsidiary of the Subsidiaries, the Adviser or the Administrator Company submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales an Agent or its Affiliates or Affiliates, selling agents, officers or directors or any person controlling such Agent or the Sales Agent, Company or its officers or directors or any person controlling the Company or the Operating Partnership and (ii) delivery of and payment for the SecuritiesShares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements (including indemnities) contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser or the Administrator its Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent Underwriters or its Affiliates their affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its their officers or directors or any person controlling the Company and (ii) delivery of and payment for the SecuritiesOffered Shares and Offered Warrants.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Guarantor or any of the Subsidiaries, the Adviser or the Administrator its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Initial Purchaser or its Affiliates or selling reselling agents, any person controlling the Sales Agentany Initial Purchaser, its officers or directors or any person controlling the Company or the Guarantor, and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its Subsidiaries or the Administrator Selling Shareholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Shareholders and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, the Manager, any of the Subsidiaries, the Adviser Subsidiary or the Administrator Selling Stockholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Stockholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its Subsidiaries or the Administrator Selling Stockholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent Underwriter or its Affiliates or selling agents, any person controlling the Sales AgentUnderwriter, its officers or directors or any person controlling the Company or any person controlling the Selling Stockholder, and (ii) delivery of of, and payment for for, the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its Subsidiaries or the Administrator Selling Stockholder submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or any person controlling any Company or any person controlling the Company Selling Stockholder, and (ii) delivery of of, and payment for for, the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, any of the Subsidiaries, the Adviser or and the Administrator submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent Dealer Managers or its Affiliates or selling agentstheir respective Affiliates, any person controlling any of the Sales AgentDealer Managers, its their respective officers or directors or any person controlling the Company Company, (ii) issuance of the Rights and (iiiii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser or the Administrator its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales an Agent or its Affiliates or affiliates, selling agents, officers or directors or any person controlling the Sales such Agent, or the Company or its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser Subsidiary or the Administrator Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All indemnities, rights of contribution, representations, warranties and other agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser or the Administrator its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (ia) any investigation made by or on behalf of the Sales Agent or Agent, its Affiliates or selling agents, agents or any person controlling the Sales AgentAgent or by or on behalf of the Company, its officers or directors or any person controlling the Company Company, and (iib) delivery of and payment for the SecuritiesShares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, any Company or its subsidiaries delivered on behalf of the Subsidiaries, the Adviser Company or the Administrator its subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of the Sales Agent Initial Purchaser or its Affiliates or selling agents, any person controlling the Sales AgentInitial Purchaser, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its subsidiaries or the Administrator Selling Shareholder or the Parent submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company Company, the Selling Shareholder or the Parent and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or its subsidiary or Stripes Holdings or any of the Subsidiaries, the Adviser or the Administrator its Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company or Stripes Holdings and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of its subsidiaries or any of the Subsidiaries, the Adviser or the Administrator Selling Stockholders submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Selling Stockholders and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiariesits subsidiaries, the Adviser Guarantors or the Administrator Warrant Holders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Warrant Holder and (ii) delivery of and payment for the SecuritiesOffered ADSs.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, any of the Subsidiaries, the Adviser Subsidiaries or the Administrator Manager (if applicable) submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors directors, any person controlling the Company or any person controlling the Company Manager and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, any of the Subsidiaries, the Adviser its Subsidiaries or the Administrator Selling Shareholders submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates Affiliates, officers, directors and or selling agents, any person controlling any Underwriter or the Sales Agent, its Company’s officers or directors or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Issuer or the Company or any of the Subsidiaries, the Adviser or the Administrator their respective subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of the Sales Agent any Initial Purchaser or its Affiliates or selling agents, any person controlling the Sales Agentany Initial Purchaser, its officers or directors or any person controlling the Issuer or the Company and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its subsidiaries or the Administrator any Guarantor submitted pursuant hereto, hereto shall remain operative and in full force and effect effect, regardless of (i) any investigation made by or on behalf of the Sales Agent any Initial Purchaser or its Affiliates or selling agents, any person controlling the Sales Agentan Initial Purchaser, its officers or directors or directors, any person controlling the Company or any Guarantor and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of either of the CompanyTransaction Entities, the Manager or any of the Subsidiaries, the Adviser or the Administrator their respective subsidiaries submitted pursuant hereto, hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales any Agent or its Affiliates affiliates or selling agents, any person controlling the Sales any Agent, or its officers or directors directors, or any person controlling either of the Company Transaction Entities and (ii) delivery of and payment for the Securitiesapplicable offering of Shares.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, the Manager or Axxxxx, Xxxxxx or any of the Subsidiaries, the Adviser or the Administrator their subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or any person controlling the Company Company, the Manager, the Private Placement Purchasers or Axxxxx, Xxxxxx and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company or any of the Subsidiaries, the Adviser its Subsidiaries or the Administrator Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent any Underwriter or its Affiliates or selling agents, any person controlling the Sales Agentany Underwriter, its officers or directors or directors, any person controlling the Company or any person controlling any Selling Stockholder and (ii) delivery of and payment for the Securities.

Representations, Warranties and Agreements to Survive. All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company, Company and the Manager or any of the Subsidiaries, the Adviser or the Administrator their respective subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Sales Agent or its Affiliates or Affiliates, selling agents, officers or directors or any person controlling the Sales Agent, or the Company or its officers or directors directors, or any person controlling the Company and (ii) delivery of and payment for the SecuritiesShares.