Common use of Certificates Clause in Contracts

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 52 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

AutoNDA by SimpleDocs

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agent, the Forward Seller and the Forward Purchaser, or to counsel for the Sales Agent their respective counsel, shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agent, the Forward Seller and the Forward Purchaser as to the matters covered thereby.

Appears in 26 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 21 contracts

Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Olympic Steel Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agent, the Forward Seller or to counsel for the Sales Agent or the Forward Seller in connection with the offering of Shares as contemplated by this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent and the Forward Seller as to the matters covered thereby.

Appears in 15 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Certificates. Any certificate signed by any officer of the Company Company, any of its subsidiaries or the Operating Partnership and Manager delivered to the Sales Agent Representatives or to counsel for the Sales Agent Representatives pursuant to or in connection with this Agreement shall be deemed a representation and warranty by the Company and Company, such subsidiary, or the Operating PartnershipManager, as the case may be, to the Sales Agent Representatives as to the matters covered thereby.

Appears in 11 contracts

Samples: Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Residential Mortgage REIT)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent in connection with the offering of Securities as contemplated by this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)

Certificates. Any certificate signed by any an officer of the Company or the Operating Partnership and delivered to any of the Sales Selling Agent or to counsel for any of the Sales Selling Agent shall be deemed to be a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Selling Agent as to the matters covered therebyset forth therein.

Appears in 7 contracts

Samples: Selling Agency Agreement (MDB Capital Holdings, LLC), Selling Agent’s Agreement (MDB Capital Holdings, LLC), Selling Agent’s Agreement (MDB Capital Holdings, LLC)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agent, the Forward Seller, the Forward Purchaser or to counsel for the Sales Agent Agent, the Forward Seller or the Forward Purchaser in connection with the offering of Shares as contemplated by this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agent, the Forward Seller and/or the Forward Purchaser, as applicable, as to the matters covered thereby.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc), Equity Distribution Agreement (Healthcare Realty Trust Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and any Subsidiary delivered to the Sales Agent or to counsel for the Sales Agent pursuant to or in connection with this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 7 contracts

Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents or to counsel for the Sales Agent Agents shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Westrock Coffee Co), Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Astronics Corp)

Certificates. Any certificate signed by any an officer of the Company or the Operating Partnership and delivered to the Sales Agent Co-Placement Agents or to counsel for the Sales Agent Co-Placement Agents shall be deemed to be a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Co-Placement Agents as to the matters covered therebyset forth therein.

Appears in 6 contracts

Samples: Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (Applied Dna Sciences Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to Agent, the Sales Forward Seller and the Forward Purchaser, counsel for Agent or to counsel for the Sales Agent Forward Seller and the Forward Purchaser shall be deemed a representation and warranty by the Company to Agent, the Forward Seller and the Operating PartnershipForward Purchaser, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Certificates. Any certificate signed by any officer of the Company or its subsidiary (whether signed on behalf of such officer, the Operating Partnership Company or such subsidiary) and delivered to the Sales Agent or to Agent’s counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 4 contracts

Samples: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)

Certificates. Any certificate signed by any officer of the Company Company, any of its subsidiaries or the Operating Partnership and Manager delivered to the Sales Agent Representative or to counsel for the Sales Agent Representative pursuant to or in connection with this Agreement shall be deemed a representation and warranty by the Company and Company, such subsidiary, or the Operating PartnershipManager, as the case may be, to the Sales Agent Representative as to the matters covered thereby.

Appears in 4 contracts

Samples: Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Financial Inc.), Underwriting Agreement (Ellington Residential Mortgage REIT)

Certificates. Any In addition, any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Manager or to counsel for the Sales Agent Manager shall be deemed to be a representation and warranty by the Company and or the Operating Partnership, as the case may be, to the Sales Agent Manager as to the matters covered thereby.

Appears in 4 contracts

Samples: Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Manager or to counsel for the Sales Agent Manager shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Manager as to the matters covered thereby.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents, the Forward Sellers or the Forward Purchasers or to counsel for the Sales Agent Agents, the Forward Sellers or the Forward Purchasers shall be deemed a representation and warranty by the Company to the Agents, the Forward Sellers and the Operating PartnershipForward Purchasers, as the case may beapplicable, to the Sales Agent as to the matters covered thereby.

Appears in 3 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Certificates. Any certificate signed by any officer officer, including the Chief Executive Officer, Chief Financial Officer, General Counsel or representative of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Investor or to counsel for the Sales Agent Investor in connection with the transactions contemplated by the Transaction Documents shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Investor as to the matters covered therebythereby on the date of such certificate.

Appears in 3 contracts

Samples: Chef Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.), Chef Purchase Agreement (Allurion Technologies, Inc.), Chef Purchase Agreement (Better Therapeutics, Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for of the Sales Agent pursuant to or in connection with this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.;

Appears in 3 contracts

Samples: Open Market Sale (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents or to counsel for the Sales Agent Agents pursuant to the terms or provisions of this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 3 contracts

Samples: Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (New York Mortgage Trust Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to Agent, the Forward Seller and the Forward Purchaser, counsel for the Sales Agent or counsel for the Forward Seller and the Forward Purchaser shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agent, the Forward Seller and the Forward Purchaser, as the case may be, as to the matters covered thereby.

Appears in 3 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Certificates. Any certificate certificates signed by any officer of the Company or the Operating Partnership its subsidiaries, and delivered to the Sales Agent Purchasers or to counsel for the Sales Agent Purchasers pursuant to the terms of this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Purchaser as to the matters covered thereby.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Mego Mortgage Corp), Common Stock Purchase Agreement (Mego Mortgage Corp), Preferred Stock Purchase Agreement (Mego Mortgage Corp)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Investor or to its counsel for in connection with the Sales Agent transactions contemplated hereby shall be deemed a representation and warranty by the Company and the Operating PartnershipCompany, as the case may beto matters covered thereby, to the Sales Agent as to the matters covered therebyInvestor.

Appears in 2 contracts

Samples: Exchange Agreement (Trico Marine Services Inc), Exchange Agreement (Trico Marine Services Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent [ ] or to counsel for the Sales Agent [ ] shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent [ ] as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Certificates. Any certificate signed by any an officer of the Company or the Operating Partnership and delivered to the Sales Agent Purchasers or to counsel for the Sales Agent Purchasers pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company and the Operating PartnershipCompany, as the case may beapplicable, to the Sales Agent Purchasers as to the matters covered therebyset forth therein.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents, the Forward Sellers or the Forward Purchasers or to counsel for the Sales Agent Agents, the Forward Sellers and the Forward Purchasers shall be deemed a representation and warranty by the Company to the Agents, the Forward Sellers and the Operating Partnership, as the case may be, to the Sales Agent Forward Purchasers as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Duke Energy CORP), Equity Distribution Agreement (Duke Energy CORP)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents or to counsel counsel(s) for the Sales Agent Agents in connection with this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Vascular Biogenics Ltd.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents, Forward Purchasers, and Forward Sellers or to their respective counsel for the Sales Agent shall be deemed to be a representation and warranty by each of the Company and the Operating Partnership, as the case may be, Transaction Entities to the Sales Agent Agents, Forward Purchasers, and Forward Sellers as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Gramercy Property Trust), Equity Distribution Agreement (Gramercy Property Trust Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent in connection with the offering of Shares as contemplated by this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents, the Forward Sellers and the Forward Purchasers, or to counsel for the Sales Agent their respective counsel, shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, Partnership to the Sales Agent Agents, the Forward Sellers and the Forward Purchasers as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and or the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents or to counsel for the Sales Agent Agents in connection with the offering of Securities as contemplated by this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Certificates. Any certificate signed by any officer of the Company or Company, the Operating Partnership or any of the Subsidiaries in such capacity and delivered to the Sales Agent representatives of the Purchaser or to its counsel for the Sales Agent pursuant to this Agreement shall be deemed a representation and warranty by the Company and Company, the Operating Partnership, Partnership or the Subsidiaries as the case may be, to the Sales Agent Purchaser as to the matters covered thereby.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Acre Realty Investors Inc), Stock Purchase Agreement (Roberts Realty Investors Inc)

Certificates. Any certificate signed by any officer of the Company Company, any of its subsidiaries, the Manager or any officer of the Operating Partnership and Selling Shareholder delivered to the Sales Agent Representatives or to counsel for the Sales Agent Representatives pursuant to or in connection with this Agreement shall be deemed a representation and warranty by the Company and Company, such subsidiary, the Operating PartnershipManager or such Selling Shareholder, as the case may be, to the Sales Agent Representatives as to the matters covered thereby.

Appears in 1 contract

Samples: Underwriting Agreement (Ellington Financial LLC)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents, the Forward Purchasers or to their counsel for the Sales Agent shall be deemed a representation and warranty by the Company to the Agents and the Operating Partnership, as the case may be, to the Sales Agent Forward Purchasers as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (National Health Investors Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership Manager and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating PartnershipCompany and/or the Manager, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Distribution Agreement (Jernigan Capital, Inc.)

Certificates. Any certificate signed by any an officer of the Company or the Operating Partnership and delivered to the Sales Agent Co-Placement Agents or to counsel for the Sales Co-Placement Agent Counsel shall be deemed to be a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Co-Placement Agents as to the matters covered therebyset forth therein.

Appears in 1 contract

Samples: Placement Agency Agreement (KULR Technology Group, Inc.)

AutoNDA by SimpleDocs

Certificates. Any certificate signed by any officer of the Company Company, the Adviser, the Administrator or the Operating Partnership any of their respective subsidiaries and delivered to the Sales Agent Dealer Manager or to counsel for the Sales Agent Dealer Manager shall be deemed a representation and warranty by the Company and Company, the Operating PartnershipAdviser or the Administrator, as the case may be, to the Sales Agent Dealer Manager as to the matters covered thereby.

Appears in 1 contract

Samples: Dealer Manager Agreement (GOLUB CAPITAL BDC, Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed to be a representation and warranty by each of the Company and the Operating Partnership, as the case may be, Transaction Entities to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Life Storage Lp)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership Manager and delivered to the Sales Agent Agents or to counsel for the Sales Agent Agents shall be deemed a representation and warranty by the Company and the Operating PartnershipCompany and/or the Manager, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Jernigan Capital, Inc.)

Certificates. Any certificate signed by any an officer of the Company or the Operating Partnership and delivered to any of the Sales Agent Selling Agents or to counsel for any of the Sales Agent Selling Agents shall be deemed to be a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Selling Agents as to the matters covered therebyset forth therein.

Appears in 1 contract

Samples: Selling Agency Agreement (PAVmed Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the each Sales Agent Agent, Forward Purchaser or to counsel for the Sales Agent Agents or Forward Purchasers in connection with the offering of Placement Securities as contemplated by this Agreement, any Confirmation or any Terms Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents and/or Forward Purchaser, as applicable, as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage LP)

Certificates. Any certificate signed by any officer of the Company General Partner on behalf of the General Partner or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, Partnership to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Distribution Agreement (Buckeye Partners, L.P.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Equity One, Inc.)

Certificates. Any certificate signed by any officer of the Company or any of its subsidiaries or the Operating Partnership Manager (whether signed on behalf of such officer, the Company or such subsidiary or the Manager) and delivered to the Sales Agent Agents or to counsel for the Sales Agent Agents shall be deemed a representation and warranty by the Company and Company, such subsidiary or the Operating PartnershipManager, as the case may beapplicable, to the Sales each Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent in connection with the offering of the Placement Shares shall be deemed a representation and warranty by the Company and the Operating PartnershipCompany, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Sales Agreement (Vislink Technologies, Inc.)

Certificates. Any certificate signed by any officer officer, general partner, managing member or other authorized representative of the Company or any subsidiary of the Operating Partnership Company and delivered to the Sales Agent Agents or to counsel for to the Sales Agent Agents pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 1 contract

Samples: Distribution Agreement (Carvana Co.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents, the Forward Sellers and the Forward Purchasers or to their counsel for the Sales Agent shall be deemed a representation and warranty by the Company and or the Operating Partnership, as the case may be, to the Sales Agent Agents, the Forward Sellers and the Forward Purchasers as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Urban Edge Properties LP)

Certificates. Any certificate signed by any officer of the Company (whether signed on behalf of such officer or the Operating Partnership Company) and delivered to the Sales an Agent or to counsel for the Sales Agent Agents pursuant to or relating to this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales such Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwest Natural Holding Co)

Certificates. Any certificate signed by any officer of the Company or Company, the Operating Partnership or any of its subsidiaries and delivered to the Sales Agent Agents or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, Partnership to the Sales Agent Agents as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent pursuant to or in connection with this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Raser Technologies Inc)

Certificates. Any Each certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent pursuant to this Agreement or in connection with the Offering contemplated hereby shall be deemed to be a representation and warranty by of the Company and the Operating Partnership, as the case may be, to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Sales Agency Agreement (Fx Energy Inc)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents or to counsel for the Sales Agent Agents shall be deemed a representation and warranty by the Company and or the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Kite Realty Group, L.P.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the each Sales Agent or to counsel for the Sales Agent Agents in connection with the offering of Securities as contemplated by this Agreement shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents, the Forward Purchasers, the Forward Sellers or to counsel for the Sales Agent Agents, the Forward Purchasers and the Forward Sellers shall be deemed a representation and warranty by the Company to the Agents, the Forward Purchasers and the Operating Partnership, as the case may be, to the Sales Agent Forward Sellers as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Portland General Electric Co /Or/)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent Agents, the Forward Sellers and the Forward Purchasers, or to counsel for the Sales Agent their respective counsel, shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents, the Forward Sellers and the Forward Purchasers as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Federal Realty Investment Trust)

Certificates. Any certificate signed by any officer officer, including the Chief Executive Officer, Chief Medical and Development Officer and the Chief Financial Officer, or representative of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Investor or to counsel for the Sales Agent Investor in connection with the transactions contemplated by the Transaction Documents shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Investor as to the matters covered therebythereby on the date of such certificate.

Appears in 1 contract

Samples: Chef Purchase Agreement (Senti Biosciences, Inc.)

Certificates. Any certificate signed by any an officer of the Company or the Operating Partnership and delivered to the Sales Selling Agent or to counsel for the Sales Selling Agent shall be deemed to be a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Selling Agent as to the matters covered therebyset forth therein.

Appears in 1 contract

Samples: Selling Agency Agreement (INNOVATION ECONOMY Corp)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Sales Agent or to counsel for the Sales Agent shall be deemed a representation and warranty by the Company to the Sales Agent as to the matters covered thereby; and any certificate signed by or on behalf of the Operating Partnership, as Selling Stockholder and delivered to the case may be, Sales Agent or counsel for the Sales Agent shall be deemed a representation and warranty by the Selling Stockholder to the Sales Agent as to the matters covered thereby.

Appears in 1 contract

Samples: Sales Agency Agreement (President Bvi International Investment Holdings LTD)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents, Forward Purchasers or Forward Sellers or to counsel for the Sales Agent Agents, Forward Purchasers or Forward Sellers shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, to the Sales Agent Agents, Forward Purchasers or Forward Sellers as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Elme Communities)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its subsidiaries and delivered to the Sales Agent Agents, the Forward Sellers and the Forward Purchasers or to their counsel for the Sales Agent shall be deemed a representation and warranty by the Company to the Agents, the Forward Sellers and the Operating Partnership, as the case may be, to the Sales Agent Forward Purchasers as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Certificates. Any certificate signed by any officer of the Company or the Operating Partnership any of its Subsidiaries and delivered to the Sales Agent Agents or to counsel for the Sales Agent Agents shall be deemed a representation and warranty by the Company and the Operating Partnership, as the case may be, or such Subsidiary to the Sales Agent Agents as to the matters covered thereby.

Appears in 1 contract

Samples: Equity Sales Agreement (Lexington Realty Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.