Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 628 contracts
Samples: Underwriting Agreement (Kala Pharmaceuticals, Inc.), Underwriting Agreement (Neophotonics Corp), Underwriting Agreement (Athenex, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 578 contracts
Samples: Underwriting Agreement (City National Corp), Underwriting Agreement (Gilead Sciences Inc), Underwriting Agreement (National Grid PLC)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 228 contracts
Samples: Lithium Americas Corp., Underwriting Agreement (SONDORS Inc.), Underwriting Agreement (Dyne Therapeutics, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.
Appears in 198 contracts
Samples: Underwriting Agreement (e.l.f. Beauty, Inc.), Underwriting Agreement (Baxalta Inc), Underwriting Agreement (Wj Communications Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 112 contracts
Samples: Underwriting Agreement (ScION Tech Growth II), Underwriting Agreement (Catcha Investment Corp 2.0), Underwriting Agreement (Empower Ltd.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Depositor and the Underwriters contained in this Agreement or made by or on behalf of the Company Depositor or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered Certificates and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Depositor or the Underwriters.
Appears in 95 contracts
Samples: Pooling and Servicing Agreement (JPMCC Commercial Mortgage Securities Trust 2015-Jp1), Pooling and Servicing Agreement (Benchmark 2020-Ig1 Mortgage Trust), Pooling and Servicing Agreement (JPMDB Commercial Mortgage Securities Trust 2019-Cor6)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters.
Appears in 52 contracts
Samples: Rights Agreement (Standard Pacific Corp /De/), Underwriting Agreement (Medical Properties Trust Inc), Underwriting Agreement (Graftech International LTD)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the UnderwritersUnderwriter.
Appears in 43 contracts
Samples: Underwriting Agreement (Generac Holdings Inc.), Underwriting Agreement (Generac Holdings Inc.), Underwriting Agreement (Generac Holdings Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.
Appears in 38 contracts
Samples: Underwriting Agreement (Teads S.A.), Underwriting Agreement (CyberArk Software Ltd.), Underwriting Agreement (Wix.com Ltd.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Public Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 38 contracts
Samples: Underwriting Agreement (Lakeshore Acquisition I Corp.), Underwriting Agreement (Lakeshore Acquisition II Corp.), Underwriting Agreement (JOFF Fintech Acquisition Corp.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, the Company or any officer or director or controlling person of the UnderwritersCompany and shall survive delivery of and payment for the Securities.
Appears in 35 contracts
Samples: Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter.
Appears in 31 contracts
Samples: Underwriting Agreement (Southern National Bancorp of Virginia Inc), Underwriting Agreement (Impac Mortgage Holdings Inc), Underwriting Agreement (Healthequity, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, on the one hand, and the Underwriters Underwriters, on the other hand, contained in this the Pricing Agreement or made by or on behalf of the Company or the Underwriters pursuant to this the Pricing Agreement or any certificate delivered pursuant hereto shall will survive the delivery of and payment for the Shares Securities and shall will remain in full force and effect, regardless of any termination of this the Pricing Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 27 contracts
Samples: Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Underwriting Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Underwriting Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Underwriting Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 25 contracts
Samples: Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the UnderwritersUnderwriter.
Appears in 24 contracts
Samples: Letter Agreement (Kansas City Southern), Underwriting Agreement (Dynegy Inc.), Underwriting Agreement (Baxalta Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 22 contracts
Samples: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.
Appears in 19 contracts
Samples: Underwriting Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (TPG Specialty Lending, Inc.), Underwriting Agreement (TPG Specialty Lending, Inc.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.
Appears in 18 contracts
Samples: Underwriting Agreement (Silvercrest Asset Management Group Inc.), Underwriting Agreement (Silvercrest Asset Management Group Inc.), Underwriting Agreement (Silvercrest Asset Management Group Inc.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.
Appears in 18 contracts
Samples: Underwriting Agreement (Microsoft Corp), Underwriting Agreement (Bank of New York Mellon CORP), Underwriting Agreement (Best Buy Co Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 17 contracts
Samples: Underwriting Agreement (Addex Therapeutics Ltd.), Letter Agreement (Terns Pharmaceuticals, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes to the Underwriters and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 16 contracts
Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any officer or director or controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Designated Securities.
Appears in 16 contracts
Samples: Underwriting Agreement (Hershey Co), Underwriting Agreement (Hershey Co), Underwriting Agreement (Hershey Co)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 16 contracts
Samples: Underwriting Agreement (Centex Corp), Underwriting Agreement (Centex Corp), Underwriting Agreement (Centex Corp)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation or any investigation statement as to the results thereof made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Designated Securities.
Appears in 15 contracts
Samples: Underwriting Agreement (Pitney Bowes Inc /De/), Underwriting Agreement (Pitney Bowes Inc /De/), Underwriting Agreement (Pitney Bowes Inc /De/)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Underwriting Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Underwriting Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the First Mortgage Bonds.
Appears in 15 contracts
Samples: Underwriting Agreement (Union Electric Co), Underwriting Agreement (Ameren Corp), Underwriting Agreement (Union Electric Co)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 14 contracts
Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 13 contracts
Samples: Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.), Underwriting Agreement (Frontier Investment Corp), Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter.
Appears in 13 contracts
Samples: Underwriting Agreement (CalAtlantic Group, Inc.), Underwriting Agreement (Senseonics Holdings, Inc.), C1 Merger Agreement (Bank of the Ozarks Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company, the Underwriters or any controlling persons of the Company or Underwriter and shall survive the Underwritersdelivery of and payment for the Securities. The provisions of Sections 7 and 10 hereof shall survive any termination of this Agreement.
Appears in 11 contracts
Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters.
Appears in 11 contracts
Samples: Underwriting Agreement (Exxaro Resources LTD), Underwriting Agreement (Exxaro Resources LTD), Weight Watchers (Weight Watchers International Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 11 contracts
Samples: Pricing Agreement (Innocoll GmbH), Underwriting Agreement (United Breweries Co Inc), Underwriting Agreement (Materialise Nv)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.
Appears in 11 contracts
Samples: Underwriting Agreement (Materialise Nv), Pricing Agreement (Innocoll AG), Letter Agreement (Canuelas Mill S.A.C.I.F.I.A.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Operating Partnership or the Underwriters.
Appears in 10 contracts
Samples: Mid-America Apartments, L.P., Mid-America Apartments, L.P., Mid-America Apartments, L.P.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Section 7 and Section 10 will survive the termination or cancellation of this Agreement.
Appears in 10 contracts
Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.
Appears in 9 contracts
Samples: Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.
Appears in 9 contracts
Samples: Underwriting Agreement (Monsanto Co /New/), Underwriting Agreement (Monsanto Co /New/), Underwriting Agreement (Monsanto Co /New/)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Transaction Entities, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Transaction Entities or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Transaction Entities, the Selling Stockholders or the Underwriters.
Appears in 8 contracts
Samples: ESH Hospitality, Inc., ESH Hospitality, Inc., ESH Hospitality, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement herein or made by or on behalf of the Company or the Underwriters pursuant to this Agreement hereto or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this a Terms Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 8 contracts
Samples: Terms Agreement (Murphy Oil Corp), Terms Agreement (Murphy Oil Corp), Terms Agreement (Pepsico Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Guarantors and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Guarantors or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Omnicare Inc), M I Homes Inc, Omnicare Inc
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Amarin Corp Plc\uk), Underwriting Agreement (Amarin Corp Plc\uk), Underwriting Agreement (WSP Holdings LTD)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, or the Company, or any officer or director or controlling person of the Company or and shall survive delivery of and payment for the UnderwritersShares.
Appears in 6 contracts
Samples: Petro Resources Corp, Underwriting Agreement (Tier Technologies Inc), Total Control (Total Control Products Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 6 contracts
Samples: Underwriting Agreement (Zai Lab LTD), Underwriting Agreement (Dynacure S.A.), Cowen and Company (Orchard Rx LTD)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 6 contracts
Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (Yoshitsu Co., LTD), Underwriting Agreement (Inventiva S.A.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or in certificates made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Shares.
Appears in 6 contracts
Samples: Underwriting Agreement (Glu Mobile Inc), Underwriting Agreement (Datawatch Corp), Underwriting Agreement (Datalink Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Palatin Technologies Inc), Underwriting Agreement (Copano Energy, L.L.C.), Underwriting Agreement (Copano Energy, L.L.C.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Parent and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, Parent or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Parent or the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Canadian Pacific Railway LTD/Cn), VEREIT Operating Partnership, L.P., Canadian Pacific Railway LTD/Cn
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement Agreement, or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto Agreement, shall survive the delivery of and payment for the Shares Certificates and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of any of them or any person controlling any of them. The provisions of Sections V, VII and VIII hereof shall survive the Company termination or the Underwriterscancellation of this Agreement.
Appears in 6 contracts
Samples: Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp), Underwriting Agreement (Equivantage Acceptance Corp)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of the Company any Underwriter or any controlling person of any Underwriter or the UnderwritersCompany, or any officer or director of the Company, and shall survive delivery of and payment for the Designated Securities.
Appears in 6 contracts
Samples: Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc), Underwriting Agreement (Talisman Energy Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Transaction Entities and the Underwriters contained in this Agreement or made by or on behalf of the Company Transaction Entities or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Transaction Entities or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Piedmont Office Realty Trust, Inc.), Piedmont Office Realty Trust, Inc., Piedmont Office Realty Trust, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Hillenbrand, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, agreements and agreements other statements of the Company or its officers and the Underwriters contained in this Agreement or made by or on behalf of the Company or its officers or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or any of the Indemnified Persons referred to in Section 7 hereof.
Appears in 5 contracts
Samples: Underwriting Agreement (Frontier Communications Corp), Frontier Communications Corp, Frontier Communications Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (E TRADE FINANCIAL Corp), Underwriting Agreement (E Trade Financial Corp), Underwriting Agreement (E TRADE FINANCIAL Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Operating Partnership or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Piedmont Office Realty Trust, Inc.), Schottenstein Realty Trust, Inc., Columbia Equity Trust, Inc.
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter, or the Company or any officer or director or controlling person of the UnderwritersCompany and shall survive delivery of and payment for the Securities.
Appears in 5 contracts
Samples: Underwriting Agreement (Allstate Corp), Underwriting Agreement (Allstate Corp), Underwriting Agreement (Allstate Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Securities. The provisions of Section 7 shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (KKR Financial Holdings LLC), Underwriting Agreement (KKR Financial Holdings LLC), Underwriting Agreement (KKR Financial Holdings LLC)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, agreements and agreements other statements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Discover Financial Services), Underwriting Agreement (Discover Financial Services), Discover Financial Services
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Underwritten Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 4 contracts
Samples: Synovus Financial (Synovus Financial Corp), Synovus Financial Corp, Synovus Financial Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Vantiv, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Manager and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Manager or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Manager or the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholder or the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Citadel L P), Underwriting Agreement (Citadel L P), Underwriting Agreement (E TRADE FINANCIAL Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters, including any substitute Underwriters pursuant to Section 9 hereof, contained in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto Agreement, shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany person controlling any of them.
Appears in 4 contracts
Samples: Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties warranties, and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 4 contracts
Samples: Credit Agreement (Lone Pine Resources Inc.), Underwriting Agreement (Lone Pine Resources Inc.), Underwriting Agreement (Trinity Capital Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Sections 9 and 13(b) hereof shall survive the termination or cancellation of this Agreement.
Appears in 4 contracts
Samples: Letter Agreement (Globant S.A.), Letter Agreement (Globant S.A.), Globant S.A.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters Underwriter contained in Sections 3, 4, 9 and 17(c) of this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the UnderwritersUnderwriter.
Appears in 4 contracts
Samples: Execution Version (Burlington Stores, Inc.), Execution Version (Burlington Stores, Inc.), Burlington Stores, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 4 contracts
Samples: Underwriting Agreement (Generation Asia I Acquisition LTD), Underwriting Agreement (AF Acquisition Corp.), Administrative Services Agreement (Generation Asia I Acquisition LTD)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.
Appears in 3 contracts
Samples: Walgreens Boots Alliance, Inc., Walgreens Boots Alliance, Inc., Walgreens Boots Alliance, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company and the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company and the Operating Partnership or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Offered Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Objet LTD), Underwriting Agreement (SodaStream International Ltd.), Underwriting Agreement (Stratasys Ltd.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholder and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholder or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholder or the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Lock Up Agreement (Vantiv, Inc.), Lock Up Agreement (Vantiv, Inc.), Vantiv, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (Axalta Coating Systems Ltd.), Underwriting Agreement (Third Point Reinsurance Ltd.), Axalta Coating Systems Ltd.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Adviser and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Adviser or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Adviser or the Underwriters.
Appears in 3 contracts
Samples: TPG Specialty Lending, Inc., TPG Specialty Lending, Inc., TPG Specialty Lending, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholder or the Underwriters.
Appears in 3 contracts
Samples: Ternium S.A., Azul Sa, IESI-BFC LTD
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Offered ADSs and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Shareholders or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Acquity Group LTD), Criteo S.A., ShangPharma Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or their respective affiliates.
Appears in 3 contracts
Samples: Underwriting Agreement (Cimarex Energy Co), Underwriting Agreement (Cimarex Energy Co), Coterra Energy Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 3 contracts
Samples: Underwriting Agreement (SONDORS Inc.), BioAtla, Inc., Platinum Group Metals LTD
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons, employees, agents or affiliates referred to in Section 7 hereof.
Appears in 3 contracts
Samples: IDEAYA Biosciences, Inc., IDEAYA Biosciences, Inc., IDEAYA Biosciences, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 3 contracts
Samples: Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters. The provisions of Section 6 and Section 9 hereof shall survive the termination or cancellation of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (Cowen Group, Inc.), Underwriting Agreement (Cowen Inc.), Underwriting Agreement (Cowen Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, Holding, the Selling Stockholders and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company Company, Holding, the Selling Stockholders or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, Holding, the Selling Stockholders or the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Lock Up Agreement (Vantiv, Inc.), Up Agreement (Vantiv, Inc.), Vantiv, Inc.
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation (or any statement as to the results thereof) made by or on behalf of the Company Underwriters or any controlling person of the Underwriters, or the UnderwritersCompany, or any officer or director or controlling person of the Company and shall survive delivery of and payment for the Shares.
Appears in 3 contracts
Samples: Underwriting Agreement (Radiant Logistics, Inc), Underwriting Agreement (General Finance CORP), Underwriting Agreement (International Shipholding Corp)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Notes and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Company any of them or the Underwritersany of their respective affiliates, officers, directors, employees, representatives, agents or controlling persons.
Appears in 3 contracts
Samples: Underwriting Agreement (First American Corp), Underwriting Agreement (First American Corp), First American Financial Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Selling Stockholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Guidewire Software, Inc.), Trulia, Inc., Trulia, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and Company, the Underwriters contained in this Agreement or made by or on behalf of the Company or Company, the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Underwritten Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 3 contracts
Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Public Units and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 3 contracts
Samples: Underwriting Agreement (Silverman Acquisition Corp I), Underwriting Agreement (Northern Genesis Acquisition Corp. II), Underwriting Agreement (Northern Genesis Acquisition Corp. II)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Operating Partnership and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Operating Partnership or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Operating Partnership or the Underwriters.
Appears in 2 contracts
Samples: Management Agreement (Arbor Realty Trust Inc), Arbor Realty Trust Inc
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (E Trade Financial Corp), E TRADE FINANCIAL Corp
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Bank, the Selling Shareholders and the Underwriters contained in this Agreement or made by or on behalf of the Company Bank, the Selling Shareholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Bank, the Selling Shareholders or the Underwriters.
Appears in 2 contracts
Samples: National Commercial Bank Jamaica LTD, National Commercial Bank Jamaica LTD
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 6 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Dynex Capital Inc), Dynex Capital Inc
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers controlling persons or affiliates referred to in Section 6 hereof.
Appears in 2 contracts
Samples: Intra-Cellular Therapies, Inc., Intra-Cellular Therapies, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Parent and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Parent or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Parent or the Underwriters.
Appears in 2 contracts
Samples: Columbia Property Trust, Inc., Columbia Property Trust, Inc.
Survival. The respective indemnities, rights of contribution, agreements, representations, warranties and agreements other statements of the Company Corporation or its officers and of the several Underwriters contained set forth in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall will remain in full force and effect, regardless of any termination of this Agreement investigation, or any investigation statement as to the results thereof, made by or on behalf of the Company any Underwriter or the UnderwritersCorporation, or any of its officers or directors or any controlling person, and shall survive delivery of and payment for the Shares.
Appears in 2 contracts
Samples: Credit Agreement (Duke Energy CORP), Underwriting Agreement (Duke Energy CORP)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, each Selling Stockholder and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Selling Stockholders or the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Ubiquiti Networks, Inc.), Underwriting Agreement (Ubiquiti Networks, Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Depositary Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the Underwriters.
Appears in 2 contracts
Samples: Comerica Inc /New/, Belden Inc.
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained Underwriter, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation (or any statement as to the results thereof) made by or on behalf of the Company Underwriter or any controlling person of the Underwriter, or the UnderwritersCompany, or any officer or director or controlling person of the Company, and shall survive delivery of and payment for the Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Monarch Financial Holdings, Inc.), Underwriting Agreement (Monarch Financial Holdings, Inc.)
Survival. The respective indemnities, rights of contributionagreements, representations, warranties and agreements other statements of the Company and the Underwriters contained several Underwriters, as set forth in this Agreement or made by or on behalf of the Company or the Underwriters them, respectively, pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and Agreement, shall remain in full force and effect, regardless of any termination of this Agreement investigation (or any investigation statement as to the results thereof) made by or on behalf of any Underwriter or any controlling person of any Underwriter, or the Company or any officer or director or controlling person of the Underwriters.Company, and shall survive delivery of and payment for the Shares
Appears in 2 contracts
Samples: Underwriting Agreement (First Foundation Inc.), Underwriting Agreement (First Foundation Inc.)
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters Underwriter contained in this Agreement or made by or on behalf of the Company or the Underwriters Underwriter pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriter or the directors, officers, controlling persons or affiliates referred to in Section 9 hereof.
Appears in 2 contracts
Samples: Super Micro Computer, Inc., Wright Medical Group N.V.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Guarantors, and the Underwriters contained in this Agreement or made by or on behalf of the Company or and the Guarantors, the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.
Appears in 2 contracts
Samples: Tenneco Inc, Tenneco Inc
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company Company, the Guarantors, and the Underwriters contained in this Agreement or made by or on behalf of the Company Company, the Guarantors or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company Company, the Guarantors or the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Heico Corp), Warner Bros. Discovery, Inc.
Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company and the Underwriters contained in this Agreement or made by or on behalf of the Company or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Shares Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company or the UnderwritersUnderwriters or the directors, officers, controlling persons or affiliates referred to in Section 7 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (InflaRx N.V.), Aeglea BioTherapeutics, Inc.
