Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 80 contracts
Sources: Purchase Agreement (Realty Income Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 53 contracts
Sources: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 47 contracts
Sources: Underwriting Agreement (Funtalk China Holdings LTD), Purchase Agreement (Verisk Analytics, Inc.), Underwriting Agreement (Funtalk China Holdings LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 32 contracts
Sources: Purchase Agreement (Orange), Purchase Agreement (Orange), Purchase Agreement (Orange)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 31 contracts
Sources: Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Interstate Power & Light Co), Underwriting Agreement (Wisconsin Power & Light Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 23 contracts
Sources: Subordinated Debentures Purchase Agreement (American Financial Group Inc), Purchase Agreement (American Financial Group Inc), Subordinated Debentures Purchase Agreement (American Financial Group Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 20 contracts
Sources: Purchase Agreement (Valley National Bancorp), Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 19 contracts
Sources: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Representations and Warranties by the Company. The Company represents Company, the Adviser and warrants the Administrator, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 18 contracts
Sources: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 17 contracts
Sources: Underwriting Agreement (Sterling Bancorp, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.), Underwriting Agreement (Esquire Financial Holdings, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 15 contracts
Sources: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc), Purchase Agreement (Danaher Corp /De/)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as the Time of the Applicable Time Sale referred to in Section 1(a)(i) hereof), and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 15 contracts
Sources: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 13 contracts
Sources: Underwriting Agreement (Eagle Bulk Shipping Inc.), Underwriting Agreement (Safe Bulkers, Inc.), Underwriting Agreement (Safe Bulkers, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereofhereof (in each case, and as of each Date of Delivery (if any) referred to in Section 2(b) hereofa “Representation Date”), and agrees with each Underwriter, as follows:
Appears in 13 contracts
Sources: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 12 contracts
Sources: Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery Option Closing Time (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Sources: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof), hereof and agrees with each Underwriter, as follows:
Appears in 9 contracts
Sources: Purchase Agreement (Endurance Specialty Holdings LTD), Purchase Agreement (Information Holdings Inc), Purchase Agreement (Information Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of and, if any Option Securities are purchased, at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Sources: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income REIT)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 9 contracts
Sources: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Sources: Underwriting Agreement (Platform Acquisition Corp. International), Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Sources: Underwriting Agreement (Finwise Bancorp), Underwriting Agreement (Community Heritage Financial, Inc.), Underwriting Agreement (Community Heritage Financial, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 8 contracts
Sources: Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Republic Airways Holdings Inc), Purchase Agreement (Republic Airways Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Sources: Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/), Underwriting Agreement (Danaher Corp /De/)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 8 contracts
Sources: Underwriting Agreement (Berkshire Hills Bancorp Inc), Underwriting Agreement (First Niagara Financial Group Inc), Underwriting Agreement (Western Alliance Bancorporation)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c1(a)(ii) hereof, and as of each Date of Delivery (if any) the Closing Time referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 8 contracts
Sources: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 7 contracts
Sources: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 7 contracts
Sources: Underwriting Agreement (iKang Healthcare Group, Inc.), Underwriting Agreement (Bitauto Holdings LTD), Underwriting Agreement (Nobao Renewable Energy Holdings LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of at the date hereof, as of at the Applicable Time referred to (as defined in Section 1(a)(i) hereof), as of at the Closing Time referred to in Section 2(c) hereof, and as of at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 7 contracts
Sources: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (CenterState Banks, Inc.), Underwriting Agreement (Republic First Bancorp Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 7 contracts
Sources: Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc), Underwriting Agreement (Nomura Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter that, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 6 contracts
Sources: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 6 contracts
Sources: Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees agree with each Underwriter, as follows:
Appears in 5 contracts
Sources: Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)
Representations and Warranties by the Company. The Company represents and warrants to and agrees with each Underwriter of the Underwriters, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof(defined below), as of the Closing Time referred to in Section 2(c3(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b3(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in subsection (i) of this
Section 1(a)(i) hereof1 (a), as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Underwriting Agreement (Navitas International CORP), Underwriting Agreement (Navitas International CORP), Underwriting Agreement (Navitas International CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(1) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each any Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i)) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and (as of each Date of Delivery (if any) referred to defined in Section 2(b) hereof)), and agrees with each Underwriter, Underwriter as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc), Underwriting Agreement (Noble Energy Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereofTime, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Guild Holdings Co), Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to defined in Section 1(a)(i1(a)(1) hereof, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(iI(A)(1) hereof, as of the Closing Time referred to in Section 2(cII(C) hereof, and as of each Date of Delivery (if any) referred to in Section 2(bII(B) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.), Purchase Agreement (Altra Holdings, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, hereof and as of the Applicable Time referred to in Section 1(a)(i) hereof, as of [each of] the Closing Time Time[s] referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, of the Underwriters as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Xo Communications Inc), Underwriting Agreement (Xo Communications Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and the Sub-underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and the Sub-underwriter, as follows:
Appears in 4 contracts
Sources: Purchase Agreement (Angiotech Pharmaceuticals Inc), Purchase Agreement (Aspreva Pharmaceuticals CORP), Purchase Agreement (Gerdau Ameristeel Corp)
Representations and Warranties by the Company. The Company represents and warrants to to, and agrees with, each Underwriter that as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.), Underwriting Agreement (AGNC Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Equity One, Inc.), Purchase Agreement (Alaska Air Group Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Purchase Agreement (Careinsite Inc), Purchase Agreement (Caribou Coffee Company, Inc.), Purchase Agreement (Caribou Coffee Company, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(v) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof(as defined below), as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (River Valley Bancorp), Underwriting Agreement (River Valley Bancorp), Underwriting Agreement (River Valley Bancorp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Selective Insurance Group Inc), Underwriting Agreement (Alliant Energy Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Paetec Corp), Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and the Selling Shareholder as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and the Selling Shareholder, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (Phoenix Companies Inc/De), Purchase Agreement (Regeneron Pharmaceuticals Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Starwood Property Trust, Inc.), Underwriting Agreement (Bona Film Group LTD), Purchase Agreement (Starwood Property Trust, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date Time of Delivery (if any) referred to in Section 2(b2(d) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Ctrip Com International LTD), Underwriting Agreement (Ctrip Com International LTD), Underwriting Agreement (China Techfaith Wireless Communication Technology LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Representations and Warranties by the Company. The Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(iv) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Agency Corp), Underwriting Agreement (American Capital Agency Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each the Date of Delivery (Delivery, if any) , referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Hawaiian Electric Co Inc), Purchase Agreement (Hawaiian Electric Industries Inc), Purchase Agreement (Hawaiian Electric Industries Inc)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Nasdaq Stock Market Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each any Date of Delivery (if any) referred to in Section 2(b) hereofas defined below), and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees agree with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)
Representations and Warranties by the Company. The Company hereby represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Tyson Foods, Inc.), Underwriting Agreement (Tyson Foods Inc), Underwriting Agreement (Tyson Foods Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of hereof and the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp), Purchase Agreement (Orix Corp)
Representations and Warranties by the Company. The Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.), Underwriting Agreement (Healthcare Acquisition Partners Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Idenix Pharmaceuticals Inc), Purchase Agreement (Idenix Pharmaceuticals Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each Underwriter, Underwriter as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Southwest Water Co), Underwriting Agreement (Southwest Water Co)
Representations and Warranties by the Company. The Company represents and warrants to and agrees with each Underwriter Underwriter, as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Firsthand Technology Value Fund, Inc.), Purchase Agreement (Firsthand Technology Value Fund, Inc.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter (to the extent one or more covenants are included in a subsection of this Section 1 below), as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Ceradyne Inc), Purchase Agreement (Ceradyne Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and each Sub-underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and each Sub-underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Labopharm Inc), Purchase Agreement (Labopharm Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i1(a)(ii) hereof), as of the Closing Time referred to (as defined in Section 2(c) hereof, ) and as of each any Date of Delivery (if any) referred to as defined in Section 2(b) hereof, and agrees with each Underwriter, ) as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Representations and Warranties by the Company. The Company represents and warrants with respect to all subsections under this Section 1(a) to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Navios Maritime Acquisition CORP), Underwriting Agreement (Navios Maritime Acquisition CORP)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and each Selling Shareholder as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and each Selling Shareholder, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Talmer Bancorp, Inc.), Purchase Agreement (Westpoint Stevens Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Jato Communications Corp), Purchase Agreement (Odyssey Healthcare Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter of the Underwriters as of the date hereof, as of the Applicable Time referred to (as defined in Section 1(a)(i1(a)(ii) hereof, ) and as of the Closing Time referred to (as defined in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, of the Underwriters as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (U S Laboratories Inc), Purchase Agreement (Pointe Financial Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Representations and Warranties by the Company. The Company hereby represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (MIE Holdings Corp), Underwriting Agreement (MIE Holdings Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, and to each Underwriter named in the applicable Terms Agreement as of the Applicable Time referred to in Section 1(a)(i) hereofdate thereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (American Axle & Manufacturing Holdings Inc), Underwriting Agreement (American Axle & Manufacturing Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Cohen & Steers Inc), Purchase Agreement (Cohen & Steers Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, hereof and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Oncogenex Technologies Inc), Purchase Agreement (Openwave Systems Inc)
Representations and Warranties by the Company. (1) The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Clearwire Corp), Purchase Agreement (Clearwire Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Symmetry Holdings Inc), Underwriting Agreement (Symmetry Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c2(d) hereof, and if applicable, as of each Date of Delivery (if any) referred to as defined in Section 2(b2(c) hereofbelow), (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c2(d) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Qihoo 360 Technology Co LTD), Underwriting Agreement (Bitauto Holdings LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in in
Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c1 (a)(ii) hereof, and as of each Date of Delivery (if any) the Closing Time referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Select Income Reit), Underwriting Agreement (Government Properties Income Trust)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and and, if any Option Securities are purchased, as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Pepco Holdings Inc), Purchase Agreement (Pepco Holdings Inc)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, and as of the Closing Time referred to in Section 2(c) hereof, and as of and, if any Option Securities are purchased, at each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and each Selling Shareholder as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, as of the Closing Time referred to in Section 2(c3(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agrees with each UnderwriterUnderwriter and each Selling Shareholder, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Arch Capital Group Ltd.), Purchase Agreement (Arch Capital Group Ltd.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and Sub-underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and Sub-underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Brookfield Properties Corp), Purchase Agreement (Brookfield Properties Corp)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereofhereof , as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (RBC Bearings INC), Purchase Agreement (RBC Bearings INC)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(b)(i) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Spectra Energy Corp.), Purchase Agreement (Spectra Energy Corp.)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter and any broker-dealer affiliates acting on their behalf as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each UnderwriterUnderwriter and any broker-dealer affiliate thereof, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (North American Palladium LTD), Underwriting Agreement (North American Palladium LTD)
Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, as of hereof and the Applicable Time referred to in Section 1(a)(i) hereof, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (National Energy Resources Acquisition CO), Purchase Agreement (National Energy Resources Acquisition CO)
Representations and Warranties by the Company. The Company represents and warrants to each the Underwriter as of the date hereof, as of the Applicable Time referred to in Section 1(a)(i1(a)(ii) hereof, hereof and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Sources: Purchase Agreement (Biomarin Pharmaceutical Inc), Purchase Agreement (Biomarin Pharmaceutical Inc)