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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 61 contracts

Sources: Equity Distribution Agreement (Immuneering Corp), Equity Distribution Agreement (Cellectar Biosciences, Inc.), Equity Distribution Agreement (Skye Bioscience, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent several Underwriters and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent hereunderUnderwriters hereunder and any termination of this Agreement.

Appears in 36 contracts

Sources: Underwriting Agreement (aTYR PHARMA INC), Purchase Agreement (POINT Biopharma Global Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 35 contracts

Sources: Equity Distribution Agreement (Mainz Biomed N.V.), At the Market Issuance Sales Agreement (BranchOut Food Inc.), Equity Distribution Agreement (Datavault AI Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 32 contracts

Sources: Equity Distribution Agreement (Co-Diagnostics, Inc.), Equity Distribution Agreement (AIM ImmunoTech Inc.), Equity Distribution Agreement (AIM ImmunoTech Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and several Underwriters, the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent any Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent hereunderUnderwriters hereunder and any termination of this Agreement.

Appears in 16 contracts

Sources: Underwriting Agreement (Lucid Diagnostics Inc.), Underwriting Agreement (Lucid Diagnostics Inc.), Underwriting Agreement (Neuronetics, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 15 contracts

Sources: Equity Distribution Agreement (IceCure Medical Ltd.), Equity Distribution Agreement (Top Ships Inc.), Equity Distribution Agreement (IceCure Medical Ltd.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 9 contracts

Sources: Equity Distribution Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Hoku Scientific Inc), Equity Distribution Agreement (Impac Mortgage Holdings Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company contained herein or in certificates delivered pursuant hereto, including but not limited to the and your agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Agent you or any controlling person thereofperson, or the Company or any of its officers, directors, directors or any controlling persons, and shall survive delivery of, and payment for, of the Shares to and by the Agent you hereunder.

Appears in 7 contracts

Sources: Underwriting Agreement (Commercial Net Lease Realty Inc), Underwriting Agreement (Health & Retirement Properties Trust), Underwriting Agreement (Bradley Real Estate Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.

Appears in 7 contracts

Sources: Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Prothena Corp Public LTD Co), Equity Distribution Agreement (Fulgent Genetics, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 5 contracts

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

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Agent and the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 4 contracts

Sources: Equity Distribution Agreement (Hemispherx Biopharma Inc), Equity Distribution Agreement (Hemispherx Biopharma Inc), Equity Distribution Agreement (Epicept Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 3 contracts

Sources: Sales Agency Agreement (Impac Mortgage Holdings Inc), Sales Agency Agreement (Newfield Exploration Co /De/), Sales Agency Agreement (Newfield Exploration Co /De/)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, including and agreements of the Agent and the Company herein, including, but not limited to to, the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 3 contracts

Sources: Equity Distribution Agreement (OXBRIDGE RE HOLDINGS LTD), Equity Distribution Agreement (OXBRIDGE RE HOLDINGS LTD), Equity Distribution Agreement (Guardion Health Sciences, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretoto this Agreement, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 3 contracts

Sources: Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.), Equity Distribution Agreement (Aptevo Therapeutics Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the any Agent hereunder.

Appears in 3 contracts

Sources: Equity Distribution Agreement (Co-Diagnostics, Inc.), Equity Distribution Agreement (Day One Biopharmaceuticals, Inc.), Equity Distribution Agreement (Altimmune, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent Purchaser and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Purchaser or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Firm Shares to and by the Agent Purchaser hereunder.

Appears in 3 contracts

Sources: Purchase Agreement (Alexion Pharmaceuticals Inc), Underwriting Agreement (Alteon Inc /De), Underwriting Agreement (Alteon Inc /De)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderStock.

Appears in 3 contracts

Sources: Distribution Agreement (Duke Realty Investments Inc), Sales Agency Agreement (Capstead Mortgage Corp), Sales Agency Agreement (Capstead Mortgage Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Designated Agent hereunder.

Appears in 3 contracts

Sources: Equity Distribution Agreement (Bright Minds Biosciences Inc.), Equity Distribution Agreement (Arvinas, Inc.), Equity Distribution Agreement (Arvinas, Inc.)

Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderStock.

Appears in 3 contracts

Sources: Sales Agency Agreement (Impac Mortgage Holdings Inc), Sales Agency Agreement (Capstead Mortgage Corp), Sales Agency Agreement (Impac Mortgage Holdings Inc)

Representations and Agreements to Survive Delivery. All representations, -------------------------------------------------- warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent Purchaser and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Purchaser or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Firm Shares to and by the Agent Purchaser hereunder.

Appears in 2 contracts

Sources: Purchase Agreement (Mgi Pharma Inc), Purchase Agreement (Mgi Pharma Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Selling Stockholder herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company and the Selling Stockholder (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 2 contracts

Sources: Equity Distribution Agreement (American Financial Capital Trust Iv), Equity Distribution Agreement (American Financial Group Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the any Agent hereunder.. ​

Appears in 2 contracts

Sources: Equity Distribution Agreement (Altimmune, Inc.), Equity Distribution Agreement (Altimmune, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreements of the Agent Representative and the Company contained in Section 5 5(h) and Section 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriters or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Representative hereunder.

Appears in 2 contracts

Sources: Underwriting Agreement (Golden Minerals Co), Underwriting Agreement (Pedevco Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Placement Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Placement Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares to and distribution of the Securities by the Placement Agent hereunder.

Appears in 2 contracts

Sources: Placement Agency Agreement (First Responder Systems & Technology Inc.), Placement Agency Agreement (First Responder Systems & Technology Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company Trust herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company Trust (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderCommon Shares.

Appears in 2 contracts

Sources: Sales Agency Agreement (Pilgrim America Prime Rate Trust), Sales Agency Agreement (Pilgrim America Prime Rate Trust)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company contained herein or in certificates delivered pursuant hereto, including but not limited to the and your agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent you or any controlling person thereofpersons, or the Company or any of its officers, directors, officers or any controlling persons, and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunder.

Appears in 2 contracts

Sources: Underwriting Agreement (Bradley Real Estate Inc), Underwriting Agreement (Chateau Communities Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 2 contracts

Sources: Preferred Stock Sales Agreement (Impac Mortgage Holdings Inc), Common Stock Sales Agreement (Impac Mortgage Holdings Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Operating Partnership contained herein or in certificates delivered pursuant hereto, including but not limited to the and your agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of the Agent you or any controlling person thereofperson, or the Company and the Operating Partnership or any of its their officers, directors, directors or any controlling persons, and shall survive delivery of, and payment for, of the Shares to and by the Agent you hereunder.

Appears in 1 contract

Sources: Underwriting Agreement (Kilroy Realty Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company Parties herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agent, the Company and the Company Bank contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company Company, the Bank or any of its their respective officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (Union Bankshares Inc)

Representations and Agreements to Survive Delivery. All -------------------------------------------------- representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 1 contract

Sources: Sales Agency Agreement (PPL Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereof, persons or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 1 contract

Sources: Equity Distribution Agreement (Distributed Energy Systems Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Placement Agent and the Company contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Placement Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the Shares to and by the Agent hereunderShares.

Appears in 1 contract

Sources: Placement Agency Agreement (Genta Inc De/)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the and your agreements of the Agent and the Company Company’s agreements contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent you or any person controlling person thereofyou, or the Company or any of its officers, directors, or controlling persons, persons and shall survive delivery of, and payment for, the distribution of the Shares to and by the Agent you hereunder.

Appears in 1 contract

Sources: Underwriting Agreement (Acusphere Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent or any of its designees hereunder.

Appears in 1 contract

Sources: At the Market Issuance Sales Agreement (Interlink Electronics Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company and the Placement Agent herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Placement Agent and the Company contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Placement Agent or any controlling person thereof, or the Company or any of its officers, directors, directors or controlling persons, and shall survive delivery of, and payment for, the Shares Offered Securities to and by the Placement Agent hereunder.

Appears in 1 contract

Sources: Placement Agent Agreement (ReneSola LTD)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreements of the Agent ▇▇▇▇ and the Company contained in Section 5 6(h) and Section 9 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent ▇▇▇▇ or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunderWarrants.

Appears in 1 contract

Sources: Placement Agency Agreement (Sutor Technology Group LTD)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the either Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the either Agent hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (Nektar Therapeutics)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company and the Agent herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (SELLAS Life Sciences Group, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.,

Appears in 1 contract

Sources: Equity Distribution Agreement (Apyx Medical Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent several Agents and the Company contained in Section 5 7 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the any Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent hereunderAgents hereunder and any termination of this Agreement.

Appears in 1 contract

Sources: Placement Agency Agreement (Crossroads Systems Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of the Agent or Agent, any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), (ii) acceptance of the Shares and payment therefor or (iii) any termination of this Agreement and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 1 contract

Sources: Sales Agency Agreement (Veritas DGC Inc)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.. ​

Appears in 1 contract

Sources: Equity Distribution Agreement (Independence Contract Drilling, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and Underwriter, the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Underwriter or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriter hereunder.

Appears in 1 contract

Sources: Purchase Agreement (Select Comfort Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, including and agreements of the Agents and the Company herein, including, but not limited to to, the agreements of the Agent Agents and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (Guardion Health Sciences, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant heretohereto or any Terms Agreement, including but not limited to and the agreements of the Agent and the Company Manager contained in Section 5 hereof6 of this Agreement, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Manager or any controlling person thereofpersons, or the Company (or any of its the Company’s officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 1 contract

Sources: Equity Distribution Agreement (American Financial Capital Trust Ii)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.. ​

Appears in 1 contract

Sources: Equity Distribution Agreement (Sigilon Therapeutics, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company and the Agent herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent Company and the Company Agent contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderStock.

Appears in 1 contract

Sources: Sales Agency Agreement (Royal Gold Inc /De/)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agents and the Company herein, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (Imperial Petroleum Inc./Marshall Islands)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect as of their respective dates regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (InspireMD, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant heretohereto including, including but not limited to to, the agreements of the Placement Agent and the Company contained in Section 5 6(h) and Section 8 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Placement Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Placement Agent hereunder.

Appears in 1 contract

Sources: Placement Agency Agreement (Ocean Power Technologies, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent or any of its co-agent(s) or other designees hereunder.

Appears in 1 contract

Sources: At the Market Issuance Sales Agreement (Intest Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agent and the Company herein, including but not limited to the agreements of the Agent and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect effect 11097250.1 210679-10009 33 regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (Cerecor Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent you and the Company contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent you or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, or any controlling person thereof, and shall survive delivery of, and payment for, the Shares Securities to and by the Agent Underwriter hereunder.

Appears in 1 contract

Sources: Purchase Agreement (MAKO Surgical Corp.)

Representations and Agreements to Survive Delivery. All representations, warranties, warranties and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to and the agreements of the Agent and the Company Sales Manager contained in Section 5 6 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Sales Manager or any controlling person thereofpersons, or the Company (or any of its their officers, directors, directors or controlling persons), and shall survive delivery of, of and payment for, for the Shares to and by the Agent hereunderShares.

Appears in 1 contract

Sources: Sales Agreement (CMS Energy Corp)

Representations and Agreements to Survive Delivery. All representations, warranties, representations and agreements warranties of the Company herein or in certificates delivered pursuant hereto, and agreements of the Agents and the Company herein, including but not limited to the agreements of each of the Agent Agents and the Company contained in Section 5 hereof5, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent Agents hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (Hall of Fame Resort & Entertainment Co)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including but not limited to the agreements of the Agent Agents and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent Agents or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Designated Agent hereunder.. ​

Appears in 1 contract

Sources: Equity Distribution Agreement (Capricor Therapeutics, Inc.)

Representations and Agreements to Survive Delivery. All representations, warranties, and agreements of the Company herein or in certificates delivered pursuant hereto, including including, but not limited to to, the agreements of the Agent and the Company contained in Section 5 hereof, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Agent or any controlling person thereof, or the Company or any of its officers, directors, or controlling persons, and shall survive delivery of, and payment for, the Shares to and by the Agent hereunder.

Appears in 1 contract

Sources: Equity Distribution Agreement (Nine Energy Service, Inc.)