Common use of Accuracy of the Company’s Representations and Warranties; Performance by the Company Clause in Contracts

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).

Appears in 201 contracts

Samples: Open Market Sale Agreement (Travere Therapeutics, Inc.), Open Market Sale Agreement (Chimerix Inc), Open Market Sale Agreement (ESSA Pharma Inc.)

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Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section ‎Section 4(p), Section 4(q) and Section 4(r).

Appears in 61 contracts

Samples: Open Market Sale Agreement (Kymera Therapeutics, Inc.), Open Market Sale Agreement (Avadel Pharmaceuticals PLC), Open Market Sale Agreement (Adicet Bio, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q) and Section 4(r).

Appears in 50 contracts

Samples: Open Market Sale Agreement (Alvotech), Open Market Sale Agreement (Praxis Precision Medicines, Inc.), Open Market Sale Agreement (Praxis Precision Medicines, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(q) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(q). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(r), Section 4(q4(s) and Section 4(r4(t).

Appears in 9 contracts

Samples: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p‎Section 4(m), Section 4(q) and Section 4(r).

Appears in 8 contracts

Samples: Open Market Sale Agreement (Vivani Medical, Inc.), Open Market Sale Agreement (Alpha Tau Medical Ltd.), Open Market Sale Agreement (VBI Vaccines Inc/Bc)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).

Appears in 8 contracts

Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q), Section 4(r) and Section 4(r4(s).

Appears in 6 contracts

Samples: Sales Agreement (MICROSTRATEGY Inc), Equity Distribution Agreement (Tilray Brands, Inc.), Open Market Sale Agreement (Concert Pharmaceuticals, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q4(o) and Section 4(r4(p).

Appears in 6 contracts

Samples: Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises Holdings L.P.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(m), Section 4(p), Section 4(q) and Section 4(r).

Appears in 6 contracts

Samples: Open Market Sale Agreement (BioXcel Therapeutics, Inc.), Open Market Sale Agreement (Veru Inc.), Open Market Sale Agreement (BioXcel Therapeutics, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(q), Section 4(q4(r) and Section 4(r4(s).

Appears in 5 contracts

Samples: Open Market Sale Agreement (Akebia Therapeutics, Inc.), Equity Distribution Agreement (BridgeBio Pharma, Inc.), Open Market Sale Agreement (Prelude Therapeutics Inc)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).

Appears in 4 contracts

Samples: Sales Agreement (Innate Pharma SA), Sales Agreement (Innate Pharma SA), Sales Agreement (DBV Technologies S.A.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(k), Section 4(q4(o) and Section 4(r4(p).

Appears in 3 contracts

Samples: Open Market Sale Agreement (Waitr Holdings Inc.), Open Market Sale Agreement (Waitr Holdings Inc.), Open Market Sale Agreement (Waitr Holdings Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q), Section 4(r) and Section 4(r4(s).

Appears in 3 contracts

Samples: Open Market Sale Agreement (AC Immune SA), Open Market Sale Agreement (AC Immune SA), Open Market Sale Agreement (AC Immune SA)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(o), Section 4(q4(p) and Section 4(r4(q).

Appears in 3 contracts

Samples: Open Market Sale Agreement (Karyopharm Therapeutics Inc.), Sales Agreement (ObsEva SA), Open Market Sale Agreement (Karyopharm Therapeutics Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(q), Section 4(q4(r) and Section 4(r4(s).

Appears in 3 contracts

Samples: Open Market Sales Agreement (Recursion Pharmaceuticals, Inc.), Sales Agreement (4D Molecular Therapeutics, Inc.), Open Market Sale Agreement (4D Molecular Therapeutics Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(pSections 4(q), Section 4(q4(r) and Section 4(r4(s).

Appears in 3 contracts

Samples: Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE), Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE), Open Market Sale Agreement (Viridian Therapeutics, Inc.\DE)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied complied, in all material respects, with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).

Appears in 2 contracts

Samples: Open Market Sale Agreement (Fuelcell Energy Inc), Open Market Sale Agreement (Fuelcell Energy Inc)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q4(o) and Section 4(r4(p).

Appears in 2 contracts

Samples: Open Market Sale Agreement (Waitr Holdings Inc.), Open Market Sale Agreement (Waitr Holdings Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o‎Section 4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o‎Section 4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section ‎Section 4(p), Section ‎Section 4(q) and Section ‎Section 4(r).

Appears in 2 contracts

Samples: Sales Agreement (Inventiva S.A.), Sales Agreement (Inventiva S.A.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(n), Section 4(q4(o) and Section 4(r4(k).

Appears in 2 contracts

Samples: Sales Agreement (Orchestra BioMed Holdings, Inc.), Open Market Sale Agreement (Orchestra BioMed Holdings, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(q) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(q). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(r), Section 4(q4(s), Section 4(t) and Section 4(r4(u).

Appears in 2 contracts

Samples: Open Market Sale Agreement (Cti Biopharma Corp), Open Market Sale Agreement (Cti Biopharma Corp)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in ‎Section 4(n), Section 4(o) and Section 4(p), Section 4(q) and Section 4(r).

Appears in 1 contract

Samples: Open Market Sale Agreement (Nabriva Therapeutics PLC)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(P), Section 4(q) and Section 4(r).

Appears in 1 contract

Samples: Open Market Sale Agreement (Vor Biopharma Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q4(o) and Section 4(r4(o).

Appears in 1 contract

Samples: Open Market Sale Agreement (Icahn Enterprises Holdings L.P.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(a)(xv) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(a)(xv). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(a)(xvi), Section 4(q4(a)(xvii) and Section 4(r4(a)(xviii).

Appears in 1 contract

Samples: Open Market Sale Agreement (Smart Sand, Inc.)

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Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4.(l), Section 4(q4(o) and Section 4(r4(p).

Appears in 1 contract

Samples: Equity Distribution Agreement (Aphria Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(k), Section 4(q4(n) and Section 4(r4(o).

Appears in 1 contract

Samples: Equity Distribution Agreement (Nouveau Monde Graphite Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q4(p) and Section 4(r4(q).

Appears in 1 contract

Samples: Open Market Sale Agreement (Aurinia Pharmaceuticals Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o5(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o5(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p5(p), Section 4(q5(q), Section 5(s) and Section 4(r5(u).

Appears in 1 contract

Samples: Open Market Sale Agreement (AFC Gamma, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section ‎Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section ‎Section 4(o). The Company shall have performed, satisfied and complied with with, all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section ‎‎Section 4(p), Section ‎Section 4(q) and Section ‎Section 4(r).

Appears in 1 contract

Samples: Open Market Sale Agreement (Purple Biotech Ltd.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and ), Section 4(r), and Section 4(s).

Appears in 1 contract

Samples: Open Market Sale Agreement (Bluebird Bio, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o‎Section 4(q) on or before the date on which delivery of such certificate is required pursuant to Section 4(o‎Section 4(q). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p‎Section 4(r), Section 4(q‎Section 4(s) and Section 4(r‎Section 4(t).

Appears in 1 contract

Samples: Open Market Sale Agreement (Sol-Gel Technologies Ltd.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p‎Section 4(q), Section 4(q4(r) and Section 4(r4(s).

Appears in 1 contract

Samples: Open Market Sale Agreement (Milestone Pharmaceuticals Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q), Section 4(r) and Section 4(rSections 4(x)-(aa).

Appears in 1 contract

Samples: Sales Agreement (Bed Bath & Beyond Inc)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(m), ‎Section 4(p), Section 4(q) and Section 4(r).

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Janux Therapeutics, Inc.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section ‎Section 4(p), Section 4(q), Section 4(r) and Section 4(r4(s).

Appears in 1 contract

Samples: Open Market Sale Agreement (Lithium Americas Corp.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in , Section 4(p), Section 4(q) and Section 4(r).

Appears in 1 contract

Samples: Open Market Sale Agreement (Wave Life Sciences Ltd.)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(o), Section 4(q4(p) and Section 4(r4(q).

Appears in 1 contract

Samples: Open Market Sale Agreement (Nabriva Therapeutics PLC)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section ‎Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section ‎Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section ‎‎Section 4(p), Section ‎Section 4(q) and Section ‎Section 4(r).

Appears in 1 contract

Samples: Open Market Sale Agreement (ADC Therapeutics SA)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The 4(o).The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q), Section 4(r) and Section 4(r4(s).

Appears in 1 contract

Samples: Open Market Sale Agreement (Virgin Galactic Holdings, Inc)

Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o3(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o3(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p‎Section 3(m), Section 4(q3(q) and Section 4(r3(r).

Appears in 1 contract

Samples: Sales Agreement (Esperion Therapeutics, Inc.)

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