Common use of Representations and Agreements to Survive Delivery Clause in Contracts

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 256 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Ultragenyx Pharmaceutical Inc.), Sales Agreement (Arcutis Biotherapeutics, Inc.)

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Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 185 contracts

Samples: Sales Agreement (CorMedix Inc.), Financing Agreement (Luminar Technologies, Inc./De), Common Stock (Nanoviricides, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 157 contracts

Samples: Sales Agreement (AGNC Investment Corp.), Sales Agreement (Astra Space, Inc.), Sales Agreement (Helius Medical Technologies, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 130 contracts

Samples: Sales Agreement (Semler Scientific, Inc.), Sales Agreement (Intuitive Machines, Inc.), Sales Agreement (SITIME Corp)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 84 contracts

Samples: Sales Agreement (Oculis Holding AG), Sales Agreement (Pharvaris N.V.), Sales Agreement (Vincerx Pharma, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 70 contracts

Samples: Sales Agreement (Freight Technologies, Inc.), Sales Agreement (Processa Pharmaceuticals, Inc.), Sales Agreement (SharpLink Gaming, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 56 contracts

Samples: Sales Agreement (LIGHTBRIDGE Corp), Sales Agreement (Medicinova Inc), Sales Agreement (Emerald Oil, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and MLV herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 31 contracts

Samples: Common Stock (Synta Pharmaceuticals Corp), Common Stock (Synta Pharmaceuticals Corp), Sales Agreement (Actinium Pharmaceuticals, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 30 contracts

Samples: Sales Agreement (Sunworks, Inc.), Common Stock (Sunworks, Inc.), Sales Agreement (Sono Group N.V.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 29 contracts

Samples: Sales Agreement (Editas Medicine, Inc.), Sales Agreement (SpringWorks Therapeutics, Inc.), Sales Agreement (Vir Biotechnology, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 28 contracts

Samples: Sales Agreement (Gorilla Technology Group Inc.), Sales Agreement (Gorilla Technology Group Inc.), Sales Agreement (RAPT Therapeutics, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 26 contracts

Samples: Sales Agreement (Albireo Pharma, Inc.), Common Stock Sales Agreement (Annexon, Inc.), Common Stock (Unity Biotechnology, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 21 contracts

Samples: Kingstone Companies, Inc., Sales Agreement (Ardelyx, Inc.), Commo Stock (RiceBran Technologies)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenHCW, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 20 contracts

Samples: Sales Agreement (Flux Power Holdings, Inc.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (Cyclacel Pharmaceuticals, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 20 contracts

Samples: Sales Agreement (Fulcrum Therapeutics, Inc.), Sales Agreement (Arcturus Therapeutics Holdings Inc.), Sales Agreement (fuboTV Inc. /FL)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 19 contracts

Samples: Cardiome Pharma Corp, Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 18 contracts

Samples: Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CapLease, Inc.), Sales Agreement (CapLease, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 15 contracts

Samples: Sales Agreement (Seaspan CORP), Common Stock (Pacific Ethanol, Inc.), ITUS Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 13 contracts

Samples: Equity Distribution Agreement, Sales Agreement (LIGHTBRIDGE Corp), Equity Distribution Agreement (First Foundation Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 13 contracts

Samples: Sales Agreement (Mirum Pharmaceuticals, Inc.), Sales Agreement (Kura Oncology, Inc.), Sales Agreement (Dare Bioscience, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 12 contracts

Samples: Sales Agreement (Hyzon Motors Inc.), Sales Agreement (Energy Fuels Inc), Market Issuance Sales Agreement (Novavax Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 12 contracts

Samples: Sales Agreement (Opiant Pharmaceuticals, Inc.), Sales Agreement (Durect Corp), Sales Agreement (Anavex Life Sciences Corp.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 12 contracts

Samples: Sales Agreement (Ramco Gershenson Properties Trust), Sales Agreement (First Potomac Realty Trust), Sales Agreement (Mid America Apartment Communities Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXX Xxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 12 contracts

Samples: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Lyell Immunopharma, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 11 contracts

Samples: Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc), Sales Agreement (Healthcare Realty Trust Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company Transaction Entities herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (ia) any investigation made by or on behalf of Cowenthe Manager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees, partners or controlling persons), (iib) delivery and acceptance of the Placement Shares and payment therefor or (iiic) any termination of this Agreement.

Appears in 11 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of the Agent herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 11 contracts

Samples: Sonim Technologies Inc, Plug Power Inc, Stellus Capital Investment Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agents herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 10 contracts

Samples: Sachem Capital Corp., Sachem Capital Corp., Sales Agreement (Actinium Pharmaceuticals, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXx Xxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 10 contracts

Samples: Sales Agreement (Peregrine Pharmaceuticals Inc), Sales Agreement (Xoma LTD /De/), Magnum Hunter Resources Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and Xxxxx-Xxxxxx herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx-Xxxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 9 contracts

Samples: Common Stock (Icad Inc), Sales Agreement (Microvision, Inc.), Airgain Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 9 contracts

Samples: Market Sales Agreement (Atlanticus Holdings Corp), Sales Agreement (Inmune Bio, Inc.), Sales Agreement (Inmune Bio, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company or the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 8 contracts

Samples: Sales Agreement (Vitae Pharmaceuticals, Inc), Sales Agreement (Ardelyx, Inc.), Sales Agreement (Signal Genetics, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of MLV herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 8 contracts

Samples: Transwitch Corporation (Transwitch Corp /De), Aveo Pharmaceuticals Inc, Complete Genomics Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agent, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.

Appears in 7 contracts

Samples: Common Stock (Allarity Therapeutics, Inc.), Sales Agreement (BioSig Technologies, Inc.), Sales Agreement (Society Pass Incorporated.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenAscendiant, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.

Appears in 7 contracts

Samples: Common Stock (Ault Alliance, Inc.), Common Stock (Ault Global Holdings, Inc.), Common Stock (DPW Holdings, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto hereto, or of the Agents herein, shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 7 contracts

Samples: Horizon Technology Finance Corp, Centrus Energy Corp, Horizon Technology Finance Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.

Appears in 7 contracts

Samples: Common Stock (BIND Therapeutics, Inc), Achaogen Inc, Sales Agreement (Cempra, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBTIG, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 7 contracts

Samples: Market Sales Agreement (Outlook Therapeutics, Inc.), Sales Agreement (OncoCyte Corp), Market Sales Agreement (Sonnet BioTherapeutics Holdings, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 7 contracts

Samples: Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust), Sales Agreement (Chatham Lodging Trust)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 6 contracts

Samples: Sales Agreement (Standard Lithium Ltd.), Sales Agreement (Endeavour Silver Corp), Sales Agreement (Aurora Cannabis Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 6 contracts

Samples: Sales Agreement (Uranium Energy Corp), Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (HRPT Properties Trust)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective datessurvive and remain in full force and effect, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 6 contracts

Samples: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 6 contracts

Samples: Sales Agreement (Creative Realities, Inc.), Sales Agreement (Onconova Therapeutics, Inc.), Sales Agreement (Tanzanian Gold Corp)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 5 contracts

Samples: Novavax Inc, Novavax Inc, Novavax Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 7 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Underwriters, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 5 contracts

Samples: Underwriting Agreement (CareCloud, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 12 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 5 contracts

Samples: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenSVB Leerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 5 contracts

Samples: Sales Agreement (uniQure N.V.), Sales Agreement (Global Blood Therapeutics, Inc.), Sales Agreement (Axovant Gene Therapies Ltd.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 5 contracts

Samples: Acasti Pharma Inc., Adcare Health Systems, Inc, Adcare Health Systems, Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and BP herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBP, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 5 contracts

Samples: Vical Incorporated (Vical Inc), Sales Agreement (Microvision Inc), Vical Incorporated (Vical Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and Univest herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenUnivest, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Houston American Energy Corp, Soluna Holdings, Inc, Houston American Energy Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Golden Star Resources Ltd.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Resource Capital Corp.), Resource Capital Corp., Resource Capital Corp.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenHCW, any controlling personspersons of HCW, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Capricor Therapeutics, Inc.), Common Stock (Savara Inc), Stock Sales Agreement (Capricor Therapeutics, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Gold Trust)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Trust and the Manager herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Trust and the Manager (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of made by the Company Partnership Parties herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Partnership Parties (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Hoegh LNG Partners LP), KNOT Offshore Partners LP, KNOT Offshore Partners LP

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and FBR herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Enphase Energy, Inc., Mannkind Corp, Evoke Pharma Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 and Section 11 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (NewLake Capital Partners, Inc.), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of Cowenthe Agents, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (ENDRA Life Sciences Inc.), ENDRA Life Sciences Inc., ENDRA Life Sciences Inc.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agents, any controlling personsperson of the Sales Agents, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Orbital Energy Group, Inc.), Sales Agreement (Scilex Holding Co), Sales Agreement (Scilex Holding Co)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenAgent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (YRC Worldwide Inc.)

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Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of of: (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), ; (ii) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iii) any termination of this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (American Capital Agency Corp), Sales Agreement (American Capital Agency Corp), American Capital Agency Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: America First Multifamily Investors, L.P., America First Multifamily Investors, L.P., America First Multifamily Investors, L.P.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Operating Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenManager, any controlling persons, or the Company or the Operating Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Agile Therapeutics Inc), Sales Agreement (Avino Silver & Gold Mines LTD)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Shares Sales Agreement (Adaptimmune Therapeutics PLC), Stock Sales Agreement (Corindus Vascular Robotics, Inc.), Sales Agreement (Aptose Biosciences Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Nano-X Imaging Ltd.), Sales Agreement (CareCloud, Inc.), Sales Agreement (CareCloud, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 ‎10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.), Sales Agreement (SITIME Corp)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, employees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Pangaea Logistics Solutions Ltd., Pangaea Logistics Solutions Ltd., Eagle Bulk Shipping Inc.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered by the Company pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Southern Missouri Bancorp, Inc., Lakeland Bancorp Inc, Unity Bancorp Inc /Nj/

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxxxxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Galectin Therapeutics Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.), Original Agreement (Infinity Pharmaceuticals, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRFBR, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Notes and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Magicjack Merger Agreement (B. Riley Financial, Inc.), Magicjack Merger Agreement (B. Riley Financial, Inc.), B. Riley Financial, Inc.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenChardan, any controlling personsperson of Chardan, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Cemtrex Inc), Equity Distribution Agreement (Nymox Pharmaceutical Corp), Equity Distribution Agreement (Hemispherx Biopharma Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Invitae Corp), Sales Agreement (Oyster Point Pharma, Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), Aemetis, Inc, Sales Agreement (LIGHTBRIDGE Corp)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares ADSs and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Adagene Inc.), Sales Agreement (Itamar Medical Ltd.), Sales Agreement (RedHill Biopharma Ltd.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxx Fargo, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (BOSTON OMAHA Corp), BOSTON OMAHA Corp, Sales Agreement (CBL & Associates Properties Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall will survive, as of their respective dates, regardless of of: (ia) any investigation made by or on behalf of CowenAegis, any controlling personsPersons, or the Company (or any of their respective officers, directors directors, or controlling personsPersons), ; (iib) delivery and acceptance of the Placement Shares and payment therefor therefor; or (iiic) any termination of this Agreement.

Appears in 3 contracts

Samples: Flora Growth (Flora Growth Corp.), Sales Agreement (SciSparc Ltd.), Singing Machine Co Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLeerink, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (uniQure N.V.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (uniQure N.V.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company and the Sales Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Sales Agent, any controlling personsperson of the Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Interpace Diagnostics Group, Inc.), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Volitionrx LTD)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company Partnership herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenany Agent, any controlling persons, or the Company Partnership (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Units and payment therefor or (iii) any termination of this Agreement.

Appears in 3 contracts

Samples: Security Agreement (Landmark Infrastructure Partners LP), Landmark Infrastructure Partners LP, Stonemor Partners Lp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any person controlling personsthe Agent or any affiliate of the Agent, or by or on behalf of the Company (Company, its officers or directors or any of their respective officers, directors or person controlling persons)the Company, (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (INSMED Inc), Insmed Incorporated (INSMED Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) following any termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Curis Inc), Curis Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Corium International, Inc.), ASTROTECH Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenBRS, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Babcock & Wilcox Enterprises, Inc., Greenidge Generation Holdings Inc.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Coweneach Sales Agent, any controlling personsperson of each Sales Agent, or the Company (or any of their respective officers, directors directors, members or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Distribution Agreement (Akerna Corp.), Atomera Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Distribution Agents herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Spectrum Pharmaceuticals Inc, Spectrum Pharmaceuticals Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 10 and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.. 

Appears in 2 contracts

Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLadenburg, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Notes and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenXxxxxxxxxx, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Magnum Hunter Resources Corp, Magnum Hunter Resources Corp

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenLadenburg, any controlling persons, or the Company (or any of their respective officers, directors directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares sold by Ladenburg and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Scynexis Inc), Sales Agreement (Scynexis Inc)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 10 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors trustees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Rait Financial Trust (RAIT Financial Trust), RAIT Financial Trust

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 12 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenMLV, any controlling persons, or the Company (or any of their respective officers, trustees, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares Securities and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Resource Capital Corp.), Resource Capital Corp.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 of this Agreement 10 hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Equity Sales Agreement (Accelerate Diagnostics, Inc), Pfenex Inc.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered by the Company pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Distribution Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Customers Bancorp, Inc., Customers Bancorp, Inc.

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained set forth in Section 9 of this Agreement hereof and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of CowenCF&Co, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Compugen LTD), Sales Agreement (Compugen LTD)

Representations and Agreements to Survive Delivery. The indemnity and contribution agreements contained in Section 9 11 of this Agreement and all representations and warranties of the Company and the Agent herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowenthe Agent, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor therefor, or (iii) any termination of this Agreement.

Appears in 2 contracts

Samples: Orion Energy Systems, Inc., Fuelcell Energy Inc

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