Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 60 contracts
Samples: Equity Distribution Agreement (Cellectar Biosciences, Inc.), Equity Distribution Agreement (Skye Bioscience, Inc.), Sales Agreement (Larimar Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 23 contracts
Samples: Equity Distribution Agreement (Nexalin Technology, Inc.), Equity Distribution Agreement (Olb Group, Inc.), Equity Distribution Agreement (AIM ImmunoTech Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 17 contracts
Samples: Equity Distribution Agreement (Sonoma Pharmaceuticals, Inc.), Equity Distribution Agreement (Applied Dna Sciences Inc), Equity Distribution Agreement (Esports Entertainment Group, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 14 contracts
Samples: Equity Distribution Agreement (Top Ships Inc.), Equity Distribution Agreement (IceCure Medical Ltd.), Equity Distribution Agreement (SAI.TECH Global Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Underwriter and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriter hereunder.
Appears in 13 contracts
Samples: Purchase Agreement (Nanosphere Inc), Underwriting Agreement (Novadaq Technologies Inc), Purchase Agreement (AtriCure, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 9 contracts
Samples: Supply Agreement (Hoku Scientific Inc), Equity Distribution Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Maxwell Technologies Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent several Underwriters and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 9 contracts
Samples: Purchase Agreement (Aveo Pharmaceuticals Inc), Underwriting Agreement (Inovio Pharmaceuticals, Inc.), Purchase Agreement (Aveo Pharmaceuticals Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Fulgent Genetics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including but not limited to the and your agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Agent you or any controlling person thereofperson, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery of, and payment for, of the Shares to and by the Agent you hereunder.
Appears in 7 contracts
Samples: Commercial Net Lease Realty Inc, Bradley Real Estate Inc, Health & Retirement Properties Trust
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 hereof4A hereto and the indemnity and contribution agreements contained in Section 6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any of its directors, officers, agents, affiliates or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares Bonds to and by the Agent Underwriters hereunder.
Appears in 6 contracts
Samples: Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co), Underwriting Agreement (South Carolina Electric & Gas Co)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 5 contracts
Samples: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters, and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares to and by the Agent hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 5 contracts
Samples: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (BioPharmX Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Agent and the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Hemispherx Biopharma Inc), Equity Distribution Agreement (Array Biopharma Inc), Hemispherx Biopharma Inc
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretoto this Agreement, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 3 contracts
Samples: Sales Agency Agreement (Impac Mortgage Holdings Inc), Sales Agency Agreement (Newfield Exploration Co /De/), Newfield Exploration Co /De/
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Sunshine Heart, Inc.), Purchase Agreement (Trans1 Inc), Purchase Agreement (Wonder Auto Technology, Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderStock.
Appears in 3 contracts
Samples: Duke Realty (Duke Realty Investments Inc), Sales Agency Agreement (Capstead Mortgage Corp), Sales Agency Agreement (Capstead Mortgage Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares Securities to and by the Agent hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Baudax Bio, Inc.), Purchase Agreement (Repro Med Systems Inc), Underwriting Agreement (Baudax Bio, Inc.)
Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderStock.
Appears in 3 contracts
Samples: Sales Agency Agreement (Impac Mortgage Holdings Inc), Impac Mortgage Holdings Inc, Capstead Mortgage Corp
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Underwriter and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent hereunderUnderwriter hereunder and any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Cutera Inc), Purchase Agreement (S&W Seed Co), Purchase Agreement (Endologix Inc /De/)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company Trust herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company Trust (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderCommon Shares.
Appears in 2 contracts
Samples: Pilgrim America Prime Rate Trust, Pilgrim America Prime Rate Trust
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Placement Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Placement Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares to and distribution of the Securities by the Placement Agent hereunder.
Appears in 2 contracts
Samples: Placement Agency Agreement (First Responder Systems & Technology Inc.), Placement Agency Agreement (First Responder Systems & Technology Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, thereof or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Uroplasty Inc), Underwriting Agreement (Uroplasty Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreements of the Agent Representative and the Company contained in Section 5 5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Representative hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Golden Minerals Co), Underwriting Agreement (Pedevco Corp)
Representations and Agreements to Survive Delivery. All representations, -------------------------------------------------- warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent Purchaser and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Purchaser or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Firm Shares to and by the Agent Purchaser hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Mgi Pharma Inc), Purchase Agreement (Mgi Pharma Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunderUnderwriters hereunder and any termination of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.), Purchase Agreement (Aravive, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Agent Underwriter and the Company contained in Section 5 4 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Inuvo, Inc.), Underwriting Agreement (Inuvo, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the any Agent hereunder.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.), Equity Distribution Agreement (Altimmune, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Agent Underwriter and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares ADSs to and by the Agent Underwriter hereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements agreement of the Agent and the Company contained in Section 5 6 hereof, and the agreements of the Underwriter, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriter hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Netlist Inc), Purchase Agreement (Netlist Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Underwriter and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares to and by the Agent Underwriter hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Dexcom Inc), Purchase Agreement (Hansen Medical Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Selling Stockholder herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company and the Selling Stockholder (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 2 contracts
Samples: Terms Agreement (American Financial Capital Trust Iv), American Financial (American Financial Group Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 2 contracts
Samples: Common Stock Sales Agreement (Impac Mortgage Holdings Inc), Preferred Stock Sales Agreement (Impac Mortgage Holdings Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Designated Agent hereunder.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, including and agreements of the Agent and the Company herein, including, but not limited to to, the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 2 contracts
Samples: Equity Distribution Agreement (OXBRIDGE RE HOLDINGS LTD), Equity Distribution Agreement (Guardion Health Sciences, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Agent several Underwriters and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent several Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Underwriter and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons or any controlling person thereof, and shall survive delivery of, and payment for, the Shares to and by the Agent Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and Underwriter, the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Agent and Underwriters, the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Operating Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the and your agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Agent you or any controlling person thereofperson, or the Company and the Operating Partnership or any of its their officers, directors, directors or any controlling persons, and shall survive delivery of, and payment for, of the Shares to and by the Agent you hereunder.
Appears in 1 contract
Samples: Kilroy Realty Corp
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent you and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent you or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent several Agents and the Company contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent hereunderAgents hereunder and any termination of this Agreement.
Appears in 1 contract
Samples: Placement Agency Agreement (Crossroads Systems Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Investment Adviser herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company or the Investment Adviser (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Placement Agent and the Company contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Placement Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares to and by the Agent hereunderShares.
Appears in 1 contract
Samples: Agency Agreement (Genta Inc De/)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and Underwriter, the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriter hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company (or any of its the Company’s officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 1 contract
Samples: Equity Distribution Agreement (American Financial Capital Trust Ii)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and Underwriters, the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agents and the Company herein, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.
Appears in 1 contract
Samples: Equity Distribution Agreement (Imperial Petroleum Inc./Marshall Islands)
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 hereof4A hereto and the indemnity and contribution agreements contained in Section 6 hereto, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any of its directors, officers, affiliates, agents or any controlling person thereofpersons, or the Company or any of its officers, directors, directors or any controlling persons, persons and shall survive delivery of, and payment for, of the Shares to and by the Agent Underwriters hereunder.
Appears in 1 contract
Samples: Common Stock (Scana Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.effect
Appears in 1 contract
Samples: Cerecor Inc.
Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 1 contract
Samples: PPL Corp
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder..
Appears in 1 contract
Samples: Independence Contract (Independence Contract Drilling, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder..
Appears in 1 contract
Samples: Equity Distribution Agreement (Sigilon Therapeutics, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent or any of its co-agent(s) or other designees hereunder.
Appears in 1 contract
Samples: Intest Corp
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company Sales Manager contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Sales Manager or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 1 contract
Samples: Sales Agreement (CMS Energy Corp)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling personspersons thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 1 contract
Samples: Cryolife Inc
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, including and agreements of the Agents and the Company herein, including, but not limited to to, the agreements of the Agent Agents and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.
Appears in 1 contract
Samples: Equity Distribution Agreement (Guardion Health Sciences, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the any Agent hereunder..
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent Company and the Company Purchaser contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofPurchaser Group, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery of, of and payment for, for the Shares to and by the Agent Bonds hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Underwriter and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent hereunderUnderwriter hereunder and any termination of this Agreement.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Agent or Agent, any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), (ii) acceptance of the Shares and payment therefor or (iii) any termination of this Agreement and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.
Appears in 1 contract
Samples: Veritas DGC Inc
Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Agent herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent Company and the Company Agent contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderStock.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Placement Agent and the Company contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Placement Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares to and by the Agent hereunderUnits.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company and the Agent herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 1 contract
Samples: Equity Distribution Agreement (SELLAS Life Sciences Group, Inc.)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.,
Appears in 1 contract
Samples: Apyx Medical Corp
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect as of their respective dates regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the and your agreements of the Agent and the Company Company’s agreements contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent you or any person controlling person thereofyou, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the distribution of the Shares to and by the Agent you hereunder.
Appears in 1 contract
Samples: Common Stock (Acusphere Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent Placement Agents and the Company contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Placement Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares to and by the Agent hereunderShares.
Appears in 1 contract
Samples: Subscription Agreement (Vical Inc)
Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agents and the Company herein, including but not limited to the agreements of each of the Agent Agents and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.
Appears in 1 contract
Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriters hereunder.
Appears in 1 contract
Samples: Therasense Inc