Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 23 contracts
Sources: Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc), Underwriting Agreement (Innovative Industrial Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 15 contracts
Sources: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership each, jointly severally and severallyjointly, represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 13 contracts
Sources: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, Partnership each severally represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 7 contracts
Sources: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(i)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:
Appears in 6 contracts
Sources: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Underwriting Agreement (Lasalle Hotel Properties), Purchase Agreement (Cedar Shopping Centers Inc), Underwriting Agreement (Keystone Property Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, Partnership each severally represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 5 contracts
Sources: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below), if any, referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 5 contracts
Sources: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time referred to in Section 1(a)(ii) hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Chatham Lodging Trust), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of the Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 4 contracts
Sources: Purchase Agreement (Plum Creek Timber Co Inc), Purchase Agreement (Plum Creek Timber Co Inc), Purchase Agreement (Plum Creek Timber Co Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter Underwriter, the Forward Purchaser and the Forward Seller as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, the Forward Purchaser and the Forward Seller, as follows:
Appears in 4 contracts
Sources: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership , jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Pebblebrook Hotel Trust), Underwriting Agreement (Pebblebrook Hotel Trust), Underwriting Agreement (Pebblebrook Hotel Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Sources: Purchase Agreement (Keystone Property Trust), Underwriting Agreement (Lasalle Hotel Properties), Purchase Agreement (Keystone Property Trust)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable Time, Time and the Closing Time (as defined belowherein) and any Date of Delivery (as defined below), and agrees with each Underwriterthe Underwriters, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (CBL & Associates Limited Partnership)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(i)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (CBL & Associates Properties Inc), Underwriting Agreement (CBL & Associates Properties Inc), Underwriting Agreement (CBL & Associates Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, represents severally represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (DigitalBridge Group, Inc.), Underwriting Agreement (BrightSpire Capital, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time referred to in Section 1(a)(ii) hereof and as of the Closing Time, the Closing Time (and as defined below) and any of each Date of Delivery (as defined belowif any), and agrees with each the Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, Partnership each severally represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 3 contracts
Sources: Underwriting Agreement (Gramercy Capital Corp), Underwriting Agreement (Gramercy Capital Corp), Underwriting Agreement (Arbor Realty Trust Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly Partnership represent and severally, represents and warrants warrant to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Colony NorthStar, Inc.), Underwriting Agreement (Colony Capital, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter of the Underwriters as of the date hereof, the Applicable TimeTime of Sale, the Closing Time Date (as defined belowin Section 4) and any Option Closing Date of Delivery (as defined belowin Section 2), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (FrontView REIT, Inc.), Underwriting Agreement (FrontView REIT, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, Partnership hereby jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each Underwriter the Representatives, as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement, as of the date thereof, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Reckson Operating Partnership Lp), Underwriting Agreement (Reckson Associates Realty Corp)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each the Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees with each the Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Retail Opportunity Investments Partnership, LP), Underwriting Agreement (Retail Opportunity Investments Partnership, LP)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any, and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter Underwriter, as of the date hereof, as of the Applicable Time, as of the Closing Time (as defined in Section 2(b) below) and any Date as of Delivery each Additional Closing Time (as defined in Section 2(a) below), if any (in each case, a “Representation Date”), and agrees agree with each Underwriter, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (Simon Property Group Inc /De/), Underwriting Agreement (Simon Property Group Inc /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(ii)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:
Appears in 2 contracts
Sources: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter of the Underwriters as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each UnderwriterTime, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable Time, the Closing Time (as defined belowherein) and any Date of Delivery (as defined below), the Closing Time and agrees with each Underwriterthe Underwriters, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (CBL & Associates Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership , jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time referred to in Section 1(a)(i) hereof and as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Sources: Purchase Agreement (Colonial Realty Limited Partnership)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined below) and any Date of Delivery (as defined below)Time, and agrees with each the Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Innovative Industrial Properties Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, Partnership jointly and severally, represents severally represent and warrants warrant to each the Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 1 contract
Sources: Purchase Agreement (Evans Withycombe Residential Inc)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Digital Realty Trust, L.P.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each the Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter Underwriter, as of the date hereof, as of the Applicable TimeTime (as defined below), as of the Closing Time (as defined in Section 2(b) below) and any Date as of Delivery each Additional Closing Time (as defined in Section 2(a) below), if any (in each case, a “Representation Date”), and agrees agree with each Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Simon Property Group Inc /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, Time and as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below), if any) referred to in Section 2(b) hereof and agrees with each the Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Colony American Homes, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each such Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time (as defined belowreferred to in Section 2(g) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, Underwriter as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time and the Closing Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, Time referred to in Section 1(a)(ii) hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each the Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Sunstone Hotel Investors, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership each, jointly severally and severallyjointly, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each the Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable Time, Time referred to in Section 1(a)(i) hereof and as of the Closing Time (as defined belowreferred to in Section 2(c) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter Underwriter, as of the date hereof, the Applicable Time, the Closing Time (as defined in Section 2(b) below) and any Date of Delivery Option Closing Time (as defined in Section 2(a) below) (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Simon Property Group L P /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter Underwriter, each Forward Seller and each Forward Purchaser as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date Time of Delivery (as defined below), and agrees with each Underwriter, each Forward Seller and each Forward Purchaser, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Rexford Industrial Realty, Inc.)
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter the Underwriter, as of the date hereof, as of the Applicable Time, the Closing Time (as defined below) and any Date as of Delivery the Closing Time (as defined in Section 2(b) below) (in each case, a “Representation Date”), and agrees agree with each the Underwriter, as follows:
Appears in 1 contract
Sources: Underwriting Agreement (Simon Property Group Inc /De/)
Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (as defined belowreferred to in Section 2(c) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract
Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (as defined belowreferred to in Section 2(c) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:
Appears in 1 contract