Common use of Survival Clause in Contracts

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 628 contracts

Samples: Underwriting Agreement (Aptinyx Inc.), Underwriting Agreement (McMoran Exploration Co /De/), Underwriting Agreement (MPT Operating Partnership, L.P.)

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Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 578 contracts

Samples: Underwriting Agreement (Baidu, Inc.), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (Gilead Sciences Inc)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 228 contracts

Samples: Lithium Americas Corp., Underwriting Agreement (NeuroPace Inc), Underwriting Agreement (ProFrac Holding Corp.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.

Appears in 198 contracts

Samples: Underwriting Agreement (Truck Hero, Inc.), Underwriting Agreement (ASC Acquisition LLC), Underwriting Agreement (Fender Musical Instruments Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 112 contracts

Samples: Underwriting Agreement (Catcha Investment Corp 2.0), Underwriting Agreement (Accelerate Acquisition Corp.), Underwriting Agreement (Games & Esports Experience Acquisition Corp.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Depositor and the Underwriters contained in this Agreement or made by or on behalf of the Company Depositor or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered Certificates and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Depositor or the Underwriters.

Appears in 95 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2015-C29), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C22), Pooling and Servicing Agreement (Benchmark 2023-B40 Mortgage Trust)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters.

Appears in 52 contracts

Samples: Option Care (Option Care Health, Inc.), Underwriting Agreement (Option Care Health, Inc.), Underwriting Agreement (ZS Pharma, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the UnderwritersUnderwriter.

Appears in 43 contracts

Samples: Underwriting Agreement (Generac Holdings Inc.), Underwriting Agreement (Polypore International, Inc.), Underwriting Agreement (Generac Holdings Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Public Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 38 contracts

Samples: Underwriting Agreement (Concord Acquisition Corp), Underwriting Agreement (Chain Bridge I), Administrative Services Agreement (KnightSwan Acquisition Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.

Appears in 38 contracts

Samples: Letter Agreement (Cision Ltd.), Underwriting Agreement (FGX International Holdings LTD), Underwriting Agreement (Plainscapital Corp)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, the Company or any officer or director or controlling person of the UnderwritersCompany and shall survive delivery of and payment for the Securities.

Appears in 35 contracts

Samples: Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter.

Appears in 31 contracts

Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (Southern National Bancorp of Virginia Inc), Underwriting Agreement (Impac Mortgage Holdings Inc)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, on the one hand, and the Underwriters Underwriters, on the other hand, contained in this the Pricing Agreement or made by or on behalf of the Company or the Underwriters pursuant to this the Pricing Agreement or any certificate delivered pursuant hereto shall will survive the delivery of and payment for the Shares Securities and shall will remain in full force and effect, regardless of any termination of this the Pricing Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 27 contracts

Samples: Underwriting Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Underwriting Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Underwriting Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Underwriting Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 25 contracts

Samples: Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the UnderwritersUnderwriter.

Appears in 24 contracts

Samples: Universal Compression (Weatherford International LTD), Letter Agreement (Kansas City Southern), Underwriting Agreement (Dynegy Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 22 contracts

Samples: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.

Appears in 19 contracts

Samples: Administration Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (TPG Specialty Lending, Inc.), Underwriting Agreement (TPG Specialty Lending, Inc.)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.

Appears in 18 contracts

Samples: Underwriting Agreement (Bank of New York Mellon CORP), Underwriting Agreement (Best Buy Co Inc), Underwriting Agreement (Best Buy Co Inc)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 18 contracts

Samples: Underwriting Agreement (Silvercrest Asset Management Group Inc.), Underwriting Agreement (Silvercrest Asset Management Group Inc.), Underwriting Agreement (Silvercrest Asset Management Group Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 17 contracts

Samples: Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.

Appears in 16 contracts

Samples: Underwriting Agreement (Centex Corp), Underwriting Agreement (Centex Corp), Underwriting Agreement (Centex Corp)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any officer or director or controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Designated Securities.

Appears in 16 contracts

Samples: Underwriting Agreement (Hershey Co), Underwriting Agreement (Hershey Co), Underwriting Agreement (Hershey Co)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes to the Underwriters and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.

Appears in 16 contracts

Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Underwriting Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Underwriting Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the First Mortgage Bonds.

Appears in 15 contracts

Samples: Underwriting Agreement (Ameren Illinois Co), Underwriting Agreement (Union Electric Co), Underwriting Agreement (Union Electric Co)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation or any investigation statement as to the results thereof made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Designated Securities.

Appears in 15 contracts

Samples: Underwriting Agreement (Pitney Bowes Inc /De/), Underwriting Agreement (Pitney Bowes Inc /De/), Underwriting Agreement (Pitney Bowes Inc /De/)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 14 contracts

Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section ‎7 hereof.

Appears in 13 contracts

Samples: Underwriting Agreement (Qell Acquisition Corp), Underwriting Agreement (Consonance-HFW Acquisition Corp.), Underwriting Agreement (Isos Acquisition Corp.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter.

Appears in 13 contracts

Samples: Underwriting Agreement (CalAtlantic Group, Inc.), C1 Merger Agreement (Bank of the Ozarks Inc), Underwriting Agreement (Senseonics Holdings, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters.

Appears in 11 contracts

Samples: Underwriting Agreement (Tronox LTD), Underwriting Agreement (Tronox Holdings PLC), Underwriting Agreement (New Business Netherlands N.V.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.

Appears in 11 contracts

Samples: Letter Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pricing Agreement (Innocoll AG), Underwriting Agreement (Pixelplus Co., Ltd.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company, the Underwriters or any controlling persons of the Company or Underwriter and shall survive the Underwritersdelivery of and payment for the Securities. The provisions of Sections 7 and 10 hereof shall survive any termination of this Agreement.

Appears in 11 contracts

Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 11 contracts

Samples: Pricing Agreement (Innocoll GmbH), Underwriting Agreement (United Breweries Co Inc), Underwriting Agreement (Cencosud S.A.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Operating Partnership or the Underwriters.

Appears in 10 contracts

Samples: Mid-America Apartments, L.P., Mid-America Apartments, L.P., Mid-America Apartments, L.P.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Section 7 and Section 10 will survive the termination or cancellation of this Agreement.

Appears in 10 contracts

Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)

Survival. The respective indemnities, rights of contribution, representations, warranties warranties, and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.

Appears in 9 contracts

Samples: Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.

Appears in 9 contracts

Samples: Underwriting Agreement (Monsanto Co /New/), Underwriting Agreement (Monsanto Co /New/), Underwriting Agreement (Monsanto Co /New/)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement herein or made by or on behalf of the Company or the Underwriters pursuant to this Agreement hereto or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this a Terms Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 8 contracts

Samples: Terms Agreement (Murphy Oil Corp), Terms Agreement (Murphy Oil Corp), Terms Agreement (Murphy Oil Corp /De)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Transaction Entities, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Transaction Entities or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Transaction Entities, the Selling Stockholders or the Underwriters.

Appears in 8 contracts

Samples: ESH Hospitality, Inc., ESH Hospitality, Inc., Extended Stay America, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Guarantors and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Guarantors or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.

Appears in 7 contracts

Samples: Underwriting Agreement (Omnicare Inc), M I Homes Inc, Omnicare Inc

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 7 contracts

Samples: Underwriting Agreement (Amarin Corp Plc\uk), Underwriting Agreement (Amarin Corp Plc\uk), Underwriting Agreement (WSP Holdings LTD)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 6 contracts

Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (Inventiva S.A.), Underwriting Agreement (HW Electro Co., Ltd.)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter or the UnderwritersCompany, or any officer or director of the Company, and shall survive delivery of and payment for the Designated Securities.

Appears in 6 contracts

Samples: Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 6 contracts

Samples: Underwriting Agreement (Palatin Technologies Inc), Underwriting Agreement (Copano Energy, L.L.C.), Underwriting Agreement (Copano Energy, L.L.C.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 6 contracts

Samples: Underwriting Agreement (Freeline Therapeutics Holdings PLC), Underwriting Agreement (Dynacure S.A.), Underwriting Agreement (Zai Lab LTD)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Parent and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, Parent or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Parent or the Underwriters.

Appears in 6 contracts

Samples: Underwriting Agreement (Canadian Pacific Railway LTD/Cn), VEREIT Operating Partnership, L.P., VEREIT Operating Partnership, L.P.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement Agreement, or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto Agreement, shall survive the delivery of and payment for the Shares Certificates and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them. The provisions of Sections V, VII and VIII hereof shall survive the Company termination or the Underwriterscancellation of this Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, or the Company, or any officer or director or controlling person of the Company or and shall survive delivery of and payment for the UnderwritersShares.

Appears in 6 contracts

Samples: Petro Resources Corp, Underwriting Agreement (Tier Technologies Inc), Total Control (Total Control Products Inc)

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or in certificates made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.

Appears in 6 contracts

Samples: Underwriting Agreement (Glu Mobile Inc), Underwriting Agreement (Datalink Corp), Underwriting Agreement (Datawatch Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Operating Partnership or the Underwriters.

Appears in 5 contracts

Samples: Schottenstein Realty Trust, Inc., Underwriting Agreement (Piedmont Office Realty Trust, Inc.), Columbia Equity Trust, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 5 contracts

Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties warranties, agreements and agreements other statements of the Company or its officers and the Underwriters contained in this Agreement or made by or on behalf of the Company or its officers or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or any of the Indemnified Persons referred to in Section 7 hereof.

Appears in 5 contracts

Samples: Underwriting Agreement (Frontier Communications Corp), Frontier Communications Corp, Frontier Communications Corp

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Securities. The provisions of Section 7 shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (KKR Financial Holdings LLC), Underwriting Agreement (KKR Financial Holdings LLC), Underwriting Agreement (KKR Financial Holdings LLC)

Survival. The respective indemnities, rights of contribution, representations, warranties warranties, agreements and agreements other statements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (Discover Financial Services), Underwriting Agreement (Discover Financial Services), Discover Financial Services

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter, or the Company or any officer or director or controlling person of the UnderwritersCompany and shall survive delivery of and payment for the Securities.

Appears in 5 contracts

Samples: Underwriting Agreement (Allstate Corp), Underwriting Agreement (Allstate Corp), Underwriting Agreement (Allstate Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Transaction Entities and the Underwriters contained in this Agreement or made by or on behalf of the Company Transaction Entities or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Transaction Entities or the Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (Piedmont Office Realty Trust, Inc.), Piedmont Office Realty Trust, Inc., Piedmont Office Realty Trust, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (E Trade Financial Corp), Underwriting Agreement (E Trade Financial Corp), Underwriting Agreement (E TRADE FINANCIAL Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Generation Asia I Acquisition LTD), Administrative Services Agreement (Generation Asia I Acquisition LTD), Underwriting Agreement (AF Acquisition Corp.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters.

Appears in 4 contracts

Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Vantiv, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties warranties, and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 4 contracts

Samples: Underwriting Agreement (Trinity Capital Inc.), Credit Agreement (Lone Pine Resources Inc.), Underwriting Agreement (Lone Pine Resources Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters, including any substitute Underwriters pursuant to Section 9 hereof, contained in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto Agreement, shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany person controlling any of them.

Appears in 4 contracts

Samples: Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp)

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Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Underwritten Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 4 contracts

Samples: Synovus Financial (Synovus Financial Corp), Synovus Financial Corp, Synovus Financial Corp

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the UnderwritersUnderwriter.

Appears in 4 contracts

Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (Citadel L P), Underwriting Agreement (E Trade Financial Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in Sections 3, 4, 9 and 17(c) of this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the UnderwritersUnderwriter.

Appears in 4 contracts

Samples: Execution Version (Burlington Stores, Inc.), Execution Version (Burlington Stores, Inc.), Burlington Stores, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Manager or the UnderwritersUnderwriter.

Appears in 4 contracts

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Sections 9 and 13(b) hereof shall survive the termination or cancellation of this Agreement.

Appears in 4 contracts

Samples: Letter Agreement (Globant S.A.), Letter Agreement (Globant S.A.), Globant S.A.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.

Appears in 3 contracts

Samples: Walgreens Boots Alliance, Inc., Walgreens Boots Alliance, Inc., Walgreens Boots Alliance, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholder or the UnderwritersUnderwriter.

Appears in 3 contracts

Samples: Lock Up Agreement (Vantiv, Inc.), Lock Up Agreement (Vantiv, Inc.), Vantiv, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons, employees, agents or affiliates referred to in Section 7 hereof.

Appears in 3 contracts

Samples: IDEAYA Biosciences, Inc., IDEAYA Biosciences, Inc., IDEAYA Biosciences, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or their respective affiliates.

Appears in 3 contracts

Samples: Underwriting Agreement (Cimarex Energy Co), Underwriting Agreement (Cimarex Energy Co), Coterra Energy Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Public Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section ‎7 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Northern Genesis Acquisition Corp. II), Underwriting Agreement (Silverman Acquisition Corp I), Underwriting Agreement (Northern Genesis Acquisition Corp. II)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Acquity Group LTD), ShangPharma Corp, Criteo S.A.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Offered Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Objet LTD), Underwriting Agreement (Stratasys Ltd.), Underwriting Agreement (SodaStream International Ltd.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company and the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company and the Operating Partnership or the Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Guidewire Software, Inc.), Trulia, Inc., Trulia, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters.

Appears in 3 contracts

Samples: Azul Sa, Ternium S.A., IESI-BFC LTD

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (SONDORS Inc.), BioAtla, Inc., Platinum Group Metals LTD

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and Company, the Underwriters contained in this Agreement or made by or on behalf of the Company or Company, the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 3 contracts

Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Section 6 and Section 9 hereof shall survive the termination or cancellation of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Cowen Inc.), Underwriting Agreement (Cowen Group, Inc.), Underwriting Agreement (Cowen Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.

Appears in 3 contracts

Samples: TPG Specialty Lending, Inc., TPG Specialty Lending, Inc., TPG Specialty Lending, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholders or the UnderwritersUnderwriter.

Appears in 3 contracts

Samples: Lock Up Agreement (Vantiv, Inc.), Up Agreement (Vantiv, Inc.), Vantiv, Inc.

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation (or any statement as to the results thereof) made by or on behalf of the Company Underwriters or any controlling person of the Underwriters, or the UnderwritersCompany, or any officer or director or controlling person of the Company and shall survive delivery of and payment for the Shares.

Appears in 3 contracts

Samples: Underwriting Agreement (General Finance CORP), Underwriting Agreement (Radiant Logistics, Inc), Underwriting Agreement (International Shipholding Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.

Appears in 3 contracts

Samples: Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the UnderwritersUnderwriter.

Appears in 3 contracts

Samples: Underwriting Agreement (Third Point Reinsurance Ltd.), Underwriting Agreement (Axalta Coating Systems Ltd.), Axalta Coating Systems Ltd.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.

Appears in 3 contracts

Samples: Underwriting Agreement (First American Corp), Underwriting Agreement (First American Corp), First American Financial Corp

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 6 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Dynex Capital Inc), Dynex Capital Inc

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company Company, each and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, or the Company or any, or any officer or director or controlling person of the UnderwritersCompany or any and shall survive delivery of and payment for the Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Quinton Cardiology Systems Inc), Underwriting Agreement (Quinton Cardiology Systems Inc)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers controlling persons or affiliates referred to in Section 6 hereof.

Appears in 2 contracts

Samples: Intra-Cellular Therapies, Inc., Intra-Cellular Therapies, Inc.

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this the Underwriting Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Underwriting Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Microsoft Corp), Underwriting Agreement (Microsoft Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Xxxxxxx Xxxxx contained in this Agreement or made by or on behalf of the Company or the Underwriters Xxxxxxx Xxxxx pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersXxxxxxx Xxxxx.

Appears in 2 contracts

Samples: Form of Distribution Agreement (Cb Richard Ellis Group Inc), Distribution Agreement (Harvest Natural Resources, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Class A Debentures, if applicable, and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the UnderwritersUnderwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (E Trade Financial Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, each Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Ubiquiti Networks, Inc.), Underwriting Agreement (Ubiquiti Networks, Inc.)

Survival. The respective indemnities, rights of contribution, representations, warranties warranties, obligations and agreements agreements, including the indemnification and contribution obligations, of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters and in any certificate delivered pursuant to this Agreement or any certificate delivered pursuant hereto in connection with the purchase and sale of the Shares shall survive the delivery purchase of and payment for the Shares and shall remain continue in full force and effect, regardless effect unaffected by any subsequent disposition of any the Shares by the Underwriters or the termination of this Agreement the Underwriters’ obligations and shall not be limited or prejudiced by any investigation made by or on behalf of the Company Underwriters in connection with the preparation of the Offering Documents, any Offering Document Amendments or the Underwritersdistribution of the Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Nuvei Corp), Underwriting Agreement (ATS Corp /ATS)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Guarantors, and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Guarantors or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Heico Corp), Warner Bros. Discovery, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 9 hereof.

Appears in 2 contracts

Samples: Guardant Health, Inc., Centuri Holdings, Inc.

Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained Underwriter, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company Underwriter or any controlling person of the UnderwritersUnderwriter, the Company, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Notes.

Appears in 2 contracts

Samples: Underwriting Agreement (Environmental Power Corp), Underwriting Agreement (Environmental Power Corp)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Wanda Sports Group Co LTD), Underwriting Agreement (Wanda Sports Group Co LTD)

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Parent and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Parent or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Parent or the Underwriters.

Appears in 2 contracts

Samples: Columbia Property Trust, Inc., Columbia Property Trust, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section ‎7 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (InflaRx N.V.), Aeglea BioTherapeutics, Inc.

Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.

Appears in 2 contracts

Samples: Merger Agreement (Fortress Investment Group LLC), Merger Agreement (Gaming & Leisure Properties, Inc.)

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