Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 255 contracts
Samples: Placement Agency Agreement (Panbela Therapeutics, Inc.), Placement Agency Agreement (MGO Global Inc.), Placement Agency Agreement (Calidi Biotherapeutics, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 25 contracts
Samples: Placement Agency Agreement (PSQ Holdings, Inc.), Placement Agency Agreement (Calidi Biotherapeutics, Inc.), Placement Agency Agreement (Heart Test Laboratories, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a such Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 20 contracts
Samples: Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Mainz Biomed N.V.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 20 contracts
Samples: Placement Agency Agreement (Nuwellis, Inc.), Placement Agency Agreement (Nuwellis, Inc.), Placement Agency Agreement (Nuwellis, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Representative and counsel for the Placement Agent Underwriters shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Offered Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 16 contracts
Samples: Underwriting Agreement (Gelteq LTD), Underwriting Agreement (Gelteq LTD), Underwriting Agreement (VCI Global LTD)
Additional Documents. On or before each Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Underwritten Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a such Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 14 contracts
Samples: Underwriting Agreement (WANG & LEE GROUP, Inc.), Underwriting Agreement (WANG & LEE GROUP, Inc.), Underwriting Agreement (WANG & LEE GROUP, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Offered Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a such Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 11 contracts
Samples: Underwriting Agreement (Plutus Financial Group LTD), Underwriting Agreement (Wunong Net Technology Co LTD), Underwriting Agreement (Wunong Net Technology Co LTD)
Additional Documents. On or before each the Closing Date, the Placement Agent Representative and counsel for the Placement Agent Representative shall have received such information information, documents and documents opinions as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Offered Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by written notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 4 (Payment with respect to the reimbursement of Expenses)out-of-pocket accountable, Section 7 (Indemnification and Contributionbona fide expenses actually incurred by the Representative) and Section 8 (Representations and Indemnities to Survive Delivery) 7 shall at all times be effective and shall survive such termination.
Appears in 8 contracts
Samples: Underwriting Agreement (Vs MEDIA Holdings LTD), Underwriting Agreement (Vs MEDIA Holdings LTD), Underwriting Agreement (Cambodia Airways Co., Ltd.)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 7 contracts
Samples: Placement Agency Agreement (Holdco Nuvo Group D.G Ltd.), Placement Agency Agreement (Seelos Therapeutics, Inc.), Placement Agency Agreement (Seelos Therapeutics, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 7 contracts
Samples: Placement Agency Agreement (Meten Holding Group Ltd.), Placement Agency Agreement (Assertio Holdings, Inc.), Placement Agency Agreement (Assertio Holdings, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent Agents and counsel for the Placement Agent Agents shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 7 contracts
Samples: Placement Agency Agreement (Stryve Foods, Inc.), Placement Agency Agreement (Airship AI Holdings, Inc.), Placement Agency Agreement (Airship AI Holdings, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 7 contracts
Samples: Placement Agency Agreement (Kartoon Studios, Inc.), Placement Agency Agreement (Kartoon Studios, Inc.), Placement Agency Agreement (Kartoon Studios, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriters and counsel for the Placement Agent Representative shall have received such information information, documents and documents opinions as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 4 (Payment with respect to the reimbursement of Expenses)out-of-pocket accountable, Section 7 (Indemnification and Contributionbona fide expenses actually incurred by the Underwriters or person associated with the Underwriters) and Section 8 (Representations and Indemnities to Survive Delivery) 7 shall at all times be effective and shall survive such termination.
Appears in 6 contracts
Samples: Underwriting Agreement (Dragon Victory International LTD), Underwriting Agreement (Dragon Victory International LTD), Underwriting Agreement (FOTV Media Networks Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent Agent’s Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 1(a), Section 1(b), Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 6 contracts
Samples: Placement Agency Agreement (Algorhythm Holdings, Inc.), Placement Agency Agreement (Algorhythm Holdings, Inc.), Placement Agency Agreement (Algorhythm Holdings, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Offered Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 6 contracts
Samples: Underwriting Agreement (China Liberal Education Holdings LTD), Underwriting Agreement (China Liberal Education Holdings LTD), Underwriting Agreement (China Liberal Education Holdings LTD)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 6 contracts
Samples: Placement Agency Agreement (Ominto, Inc.), Placement Agency Agreement (Z Trim Holdings, Inc), Placement Agency Agreement (Z Trim Holdings, Inc)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of ExpensesSections 1(a), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 6 contracts
Samples: Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Wisa Technologies, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they the Placement Agent may reasonably require for the purposes of enabling them it to pass upon the issuance and sale of the Securities Notes as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 5 contracts
Samples: Placement Agency Agreement (Air Industries Group), Placement Agency Agreement (Air Industries Group), Placement Agency Agreement (Air Industries Group)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent Agent’s Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 1(a), Section 1(b), Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 5 contracts
Samples: Placement Agency Agreement (U Power LTD), Placement Agency Agreement (SHENGFENG DEVELOPMENT LTD), Placement Agency Agreement (SHENGFENG DEVELOPMENT LTD)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) ), and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 5 contracts
Samples: Placement Agency Agreement (bioAffinity Technologies, Inc.), Placement Agency Agreement (bioAffinity Technologies, Inc.), Placement Agency Agreement (BullFrog AI Holdings, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 4 contracts
Samples: Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (Delcath Systems, Inc.), Placement Agency Agreement (Spherix Inc)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Reimbursement of Placement Agent’s Expenses), Section 8 (Indemnification and Contribution) and Section 8 10 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 4 contracts
Samples: Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.)
Additional Documents. On or before each the Closing Date, the Co-Placement Agent Agents and counsel for the Placement Agent Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Co-Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Co Placement Agency Agreement, Co Placement Agency Agreement (MoSys, Inc.), Co Placement Agency Agreement (MoSys, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such information information, documents and documents opinions as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 4 (Payment with respect to the reimbursement of Expenses)out-of-pocket accountable, Section 7 (Indemnification and Contributionbona fide expenses actually incurred by the Underwriter) and Section 8 (Representations and Indemnities to Survive Delivery) 7 shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Underwriting Agreement (Happiness Biotech Group LTD), Underwriting Agreement (ATIF Holdings LTD), Underwriting Agreement (Asia Times Holdings LTD)
Additional Documents. On or before each the Closing Date, the Co-Placement Agent Agents and counsel for the Co-Placement Agent Agents shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Co-Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (Applied Dna Sciences Inc)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Underwriting Agreement (MED EIBY Holding Co., LTD), Underwriting Agreement (MED EIBY Holding Co., LTD), Underwriting Agreement (ZK International Group Co., Ltd.)
Additional Documents. On or before each Closing Date, the Co-Placement Agent Agents and counsel for the Co-Placement Agent Agents shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Co-Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Placement Agency Agreement (Beyond Air, Inc.), Placement Agency Agreement (Meta Materials Inc.), Co Placement Agency Agreement (Bio Blast Pharma Ltd.)
Additional Documents. On or before each the Closing Date, the Placement Selling Agent and counsel for the Placement Selling Agent shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Selling Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Selling Agency Agreement (Youngevity International, Inc.), Selling Agency Agreement (Imperial Garden & Resort, Inc.), Selling Agency Agreement (Imperial Garden & Resort, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) (including Addendum A attached hereto) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Placement Agency Agreement (Agm Group Holdings, Inc.), Placement Agency Agreement (Agm Group Holdings, Inc.), Placement Agency Agreement (JE Cleantech Holdings LTD)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Underwriting Agreement (Republic Power Group LTD), Underwriting Agreement (ALE Group Holding LTD), Underwriting Agreement (Summit Wireless Technologies, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent Representative and counsel for the Placement Agent Representative shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by notice to the Company at any time on or prior to a such Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Company Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 10 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Joint Bookrunning Manager Agreement (Chicken Soup for the Soul Entertainment, Inc.), Joint Bookrunning Manager Agreement (Chicken Soup for the Soul Entertainment, Inc.), Joint Bookrunning Manager Agreement (Chicken Soup for the Soul Entertainment, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent Agents and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Co Placement Agency Agreement (India Globalization Capital, Inc.), Co Placement Agency Agreement (India Globalization Capital, Inc.), Co Placement Agency Agreement (India Globalization Capital, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and ContributionIndemnification) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 3 contracts
Samples: Placement Agency Agreement (Soligenix, Inc.), Placement Agency Agreement (Soligenix, Inc.), Placement Agency Agreement (Soligenix, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Reimbursement of Placement Agent's Expenses), Section 8 (Indemnification and Contribution) and Section 8 10 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Placement Agency Agreement (Rigel Pharmaceuticals Inc), Placement Agency Agreement (Rigel Pharmaceuticals Inc)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Placement Agency Agreement (Cardium Therapeutics, Inc.), Placement Agency Agreement (Cardium Therapeutics, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Selling Agent and counsel for the Placement Selling Agent shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Selling Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Selling Agent's Agreement (MDB Capital Holdings, LLC), Selling Agent's Agreement (MDB Capital Holdings, LLC)
Additional Documents. On or before each Closing Date, the Placement Agent Agents and counsel for the Placement Agent Agents’ Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Placement Agency Agreement (Avenue Therapeutics, Inc.), Placement Agency Agreement (Avenue Therapeutics, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Agents and counsel for the Placement Agent Agents Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Placement Agency Agreement (Guardion Health Sciences, Inc.), Placement Agency Agreement (Vivos Therapeutics, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriters and counsel for the Placement Agent Underwriters shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriters by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Underwriting Agreement (Aptorum Group LTD), Underwriting Agreement (Aptorum Group LTD)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Offered Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Underwriting Agreement (Consumer Capital Group, Inc.), Underwriting Agreement (Golden Metropolis International LTD)
Additional Documents. On or before each Closing Date, the Co-Placement Agents and Placement Agent and counsel for the Placement Agent Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Co-Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Co Placement Agency Agreement (ContraVir Pharmaceuticals, Inc.), Co Placement Agency Agreement (ContraVir Pharmaceuticals, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Representative and counsel for the Placement Agent Representative shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Underwriting Agreement (Summit Semiconductor Inc.), Underwriting Agreement (Summit Semiconductor Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents from the Company as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Placement Agency Agreement (Mainz Biomed N.V.), Placement Agency Agreement (AppTech Payments Corp.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent Agent’s Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 1(a), Section 1(b), Section 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Placement Agency Agreement (VivoPower International PLC), Placement Agency Agreement (VivoPower International PLC)
Additional Documents. On or before each the Closing Date, the Placement Agent Agents and counsel for the Placement Agent Agents shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Agents by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 2 contracts
Samples: Placement Agency Agreement (Ispire Technology Inc.), Placement Agency Agreement (Ispire Technology Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 7 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 8 (Payment of Expenses), Section 7 9 (Indemnification and Contribution) and Section 8 10 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent Agent’s Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 1(a), Section 1(c), Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Tian Ruixiang Holdings LTD)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Propanc Biopharma, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Selling Agent and counsel for the Placement Selling Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Selling Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Selling Agency Agreement (MDB Capital Holdings, LLC)
Additional Documents. On or before each the Closing Date, the Placement Selling Agent and counsel for the Placement Selling Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Selling Agents by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Destination Xl Group, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 1(c) (Payment of Expenses), Section 7 6 (Indemnification and Contribution) and Section 8 7 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Hancock Jaffe Laboratories, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Selling Agent and counsel for the Placement Selling Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Selling Agent by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each Closing Date, the Placement Agent Agents and counsel for the Placement Agent Agents shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Agents by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent Agent’s Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Underwriting Agreement (Gaia, Inc)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they the Placement Agent may reasonably require for the purposes of enabling them it to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each the Closing Date, the Placement Agent Agents and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Ohr Pharmaceutical Inc)
Additional Documents. On or before each the Closing Date, the Placement Agent Representative and counsel for the Placement Agent Representative shall have received such information information, documents and documents opinions as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Offered Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by written notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 4 (Payment with respect to the reimbursement of Expenses)out-of-pocket accountable, Section 7 (Indemnification and Contributionbona fide expenses actually incurred by the Representative) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Underwriting Agreement (New Century Logistics (BVI) LTD)
Additional Documents. On or before each Closing Date, the Placement Selling Agent and counsel for the Placement Selling Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Selling Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each the Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Onconova Therapeutics, Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they the Placement Agent may reasonably require for the purposes of enabling them it to pass upon the issuance and sale of the Securities Shares and Warrants as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each Closing Date, the Placement Agent Representative and counsel for the Placement Agent Representative Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 6 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Perspective Therapeutics, Inc.)
Additional Documents. On or before each the Closing Date, the Placement Agent Representative and counsel for the Placement Agent Representative’s Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Representative by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Samples: Placement Agency Agreement (Ebang International Holdings Inc.)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they it may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 7 (Payment of Expenses), Section 7 8 (Indemnification and Contribution) and Section 8 9 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
Appears in 1 contract
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriters and counsel for the Placement Agent Underwriters shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities Shares as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 4 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriters by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 5 (Payment of Expenses), Section 7 6 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
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Samples: Underwriting Agreement (China Eco-Materials Group Co. LTD)
Additional Documents. On or before each the Closing Date, the Placement Agent Underwriter and counsel for the Placement Agent Underwriter shall have received such customary information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Offered Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 7 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Underwriter by notice to the Company at any time on or prior to a the Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
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Samples: Underwriting Agreement (Baikang Biological Group Holdings LTD)
Additional Documents. On or before each Closing Date, the Placement Agent and counsel for the Placement Agent shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
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Additional Documents. On or before each the applicable Closing Date, the Placement Agent and counsel for the Placement Agent Counsel shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
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Additional Documents. On or before each Closing Date, the Placement Agent Agents and counsel for the Placement Agent Agents shall have received such information and documents as they may reasonably require for the purposes of enabling them to pass upon the issuance and sale of the Securities as contemplated herein, or in order to evidence the accuracy of any of the representations and warranties, or the satisfaction of any of the conditions or agreements, herein contained. If any condition specified in this Section 5 is not satisfied when and as required to be satisfied, this Agreement may be terminated by the Placement Agent Agents by notice to the Company at any time on or prior to a Closing Date, which termination shall be without liability on the part of any party to any other party, except that Section 6 (Payment of Expenses), Section 7 (Indemnification and Contribution) (including Addendum A attached hereto) and Section 8 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive such termination.
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