At the Market Sales. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Agent as sales agent, and the Agent agrees to use its commercially reasonable efforts to sell for and on behalf of the Company, the Shares on the following terms and conditions; provided, however, that any obligation of the Agent to use such commercially reasonable efforts shall be subject to the continuing accuracy of the representations and warranties of the Company herein, to the performance by the Company of its obligations hereunder and to the continuing satisfaction of the additional conditions specified in Section 4 of this Agreement.
Appears in 5 contracts
Samples: Equity Distribution Agreement (ReWalk Robotics Ltd.), Equity Distribution Agreement (Hemispherx Biopharma Inc), Equity Distribution Agreement (Array Biopharma Inc)
At the Market Sales. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Agent as sales agent, and the Agent agrees to use its commercially reasonable efforts to sell for and on behalf of the Company, the Shares on the following terms and conditions; provided, however, that any obligation of the Agent to use such commercially reasonable efforts shall be subject to the continuing accuracy of the representations and warranties of the Company herein, to the performance by the Company of its covenants and obligations hereunder and to the continuing satisfaction of the additional conditions specified in Section 4 of this Agreement.in
Appears in 1 contract
Samples: Equity Distribution Agreement (Seelos Therapeutics, Inc.)