Affirmation of Representations, Warranties, Covenants and Other Agreements. Upon commencement of the offering of the Placement Shares under this Agreement (and upon the recommencement of the offering of the Placement Shares under this Agreement following any termination of a suspension of sales hereunder), and at each Applicable Time, each Settlement Date, each Registration Statement Amendment Date and each Company Periodic Report Date (as defined below), in each case, to the extent no waiver is applicable pursuant to Section 7(n), the Company shall be deemed to have affirmed each representation, warranty, covenant and other agreement contained in this Agreement.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Spire Global, Inc.), Equity Distribution Agreement (Spire Global, Inc.), Equity Distribution Agreement (Clever Leaves Holdings Inc.)
Affirmation of Representations, Warranties, Covenants and Other Agreements. Upon commencement of the offering of the Placement Shares under this Agreement (and upon the recommencement of the offering of the Placement Shares under this Agreement following any termination of a suspension of sales hereunder), and at each Applicable Time, each Settlement Date, each Registration Statement Amendment Date (as defined below) and each Company Periodic Report Date (as defined below), in each case, to the extent no waiver is applicable pursuant to Section 7(n), the Company shall be deemed to have affirmed each representation, warranty, covenant and other agreement contained in this Agreement.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Oncolytics Biotech Inc), Equity Distribution Agreement (Oncolytics Biotech Inc), Equity Distribution Agreement (Oncolytics Biotech Inc)
Affirmation of Representations, Warranties, Covenants and Other Agreements. Upon commencement of the offering of the Placement Shares under this Agreement (and upon the recommencement of the offering of the Placement Shares under this Agreement following any termination of a suspension of sales hereunder), and at each Applicable Time, each Settlement Date, each Registration Statement Amendment Date and each Company Periodic Report Representation Date (as defined below), in each case, to the extent no waiver is applicable pursuant to Section 7(n7(o), the Company shall be deemed to have affirmed each representation, warranty, covenant and other agreement contained in this Agreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Leafly Holdings, Inc. /DE), Equity Distribution Agreement (Motorsport Games Inc.), Equity Distribution Agreement (Blue Apron Holdings, Inc.)
Affirmation of Representations, Warranties, Covenants and Other Agreements. Upon commencement of the offering of the Placement Shares under this Agreement (and upon the recommencement of the offering of the Placement Shares under this Agreement following any termination of a suspension of sales hereunder), and at each Applicable Time, each Settlement Date, each Registration Statement Amendment Date and each Company Periodic Report Date (as defined below)Representation Date, in each case, to the extent no waiver is applicable pursuant to Section 7(n7(o), the Company shall be deemed to have affirmed each representation, warranty, covenant and other agreement contained in this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Phunware, Inc.), Equity Distribution Agreement (Phunware, Inc.)
Affirmation of Representations, Warranties, Covenants and Other Agreements. Upon commencement of the offering of the Placement Shares under this Agreement (and upon the recommencement of the offering of the Placement Shares under this Agreement following any termination of a suspension of sales hereunder), and at each Applicable Time, each Settlement Date, each Registration Statement Amendment Date (as defined below) and each Company Periodic Report Date (as defined below), in each case, to the extent no waiver is applicable pursuant to Section 7(n7(p), the Company shall be deemed to have affirmed each representation, warranty, covenant and other agreement contained in this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Histogenics Corp), Equity Distribution Agreement (ConforMIS Inc)
Affirmation of Representations, Warranties, Covenants and Other Agreements. Upon commencement of the offering of the Placement Shares under this Agreement (and upon the recommencement of the offering of the Placement Shares under this Agreement following any termination of a suspension of sales hereunder), and at each Applicable Time, each Settlement Date, each Registration Statement Amendment Date and each Company Periodic Report Date (as defined belowin Section 7(o)), in each case, to the extent no waiver is applicable pursuant to Section 7(n7(p), the Company shall be deemed to have affirmed each representation, warranty, covenant and other agreement contained in this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Tyme Technologies, Inc.)
