Common use of Agent Purchases Clause in Contracts

Agent Purchases. Subject to the provisions of Section 3, the Company acknowledges and agrees that the Agents have informed the Company that the Agents may, to the extent permitted under the Securities Act and the Exchange Act, purchase and sell Common Stock for their own account while this Agreement is in effect, provided, that (i) no such purchase or sales shall take place while a Placement Notice is in effect (except to the extent each Agent may engage in sales of Placement Shares purchased or deemed purchased from the Company as a “riskless principal” or in a similar capacity) and (ii) the Company shall not be deemed to have authorized or consented to any such purchases or sales by the Agents.

Appears in 1 contract

Samples: Capital on Demand Sales Agreement (OVERSTOCK.COM, Inc)

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Agent Purchases. Subject to the provisions of Section 3, the The Company acknowledges and agrees that the Agents have Agent has informed the Company that the Agents Agent may, to the extent permitted under the Securities Act, the Securities Act Regulations, the Exchange Act and the Exchange ActAct Regulations, purchase and sell Common Stock Shares for their its own account while this Agreement is in effect, provided, that (i) no such purchase or sales shall take place while a Placement Notice is in effect (except to the extent each Agent may engage in sales of Placement Shares purchased or deemed purchased from the Company as a “riskless principal” or in a similar capacity) and (ii) the Company shall not be deemed to have authorized or consented to any such purchases or sales by the AgentsAgent. In addition, the Company acknowledges and agrees that the Agent may under certain circumstances collect ordinary brokerage commissions from the buyer of Placement Shares.

Appears in 1 contract

Samples: Capital on Demand Sales Agreement (RAIT Financial Trust)

Agent Purchases. Subject to the provisions of Section 3, the The Company acknowledges and agrees that the Agents have informed the Company that the Agents may, to the extent permitted under the Securities Act and the Exchange Act, purchase and sell Common Stock Shares for their own account accounts while this Agreement is in effect, provided, that (i) no such purchase or sales shall take place by the Designated Agent while a Placement Notice is in effect (except to the extent each the Designated Agent may engage in sales of Placement Shares purchased or deemed purchased from the Company as a “riskless principal” or in a similar capacity) and (ii) the Company shall not be deemed to have authorized or consented to any such purchases or sales by the AgentsDesignated Agent.

Appears in 1 contract

Samples: Sales Agreement (Mind Medicine (MindMed) Inc.)

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Agent Purchases. Subject to the provisions of Section 3, the The Company acknowledges and agrees that the Agents have Agent has informed the Company that the Agents Agent may, to the extent permitted under the Securities Act and the Exchange ActAct and in compliance with Section 3 hereunder, purchase and sell Common Stock for their its own account while this Agreement is in effect, provided, that (i) no such purchase or sales shall take place while a Placement Notice is in effect (except to the extent each Agent may engage in sales of Placement Shares purchased or deemed purchased from the Company as a “riskless principal” or in a similar capacity) and (ii) the Company shall not be deemed to have authorized or consented to any such purchases or sales by the AgentsAgent.

Appears in 1 contract

Samples: Sales Agreement (Organovo Holdings, Inc.)

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