Common use of Best Efforts Offering Clause in Contracts

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 14 contracts

Samples: Exclusive Agency Agreement (Cytrx Corp), Exclusive Agency Agreement (Apricus Biosciences, Inc.), Exclusive Agency Agreement (Cytrx Corp)

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Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 13 contracts

Samples: Exclusive Agency Agreement (Oramed Pharmaceuticals Inc.), Engagement Agreement (Oramed Pharmaceuticals Inc.), Exclusive Agency Agreement (DelMar Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxRxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 12 contracts

Samples: Exclusive Agency Agreement (Cel Sci Corp), Exclusive Agency Agreement (Amyris, Inc.), Exclusive Agency Agreement (Cel Sci Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxWxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 8 contracts

Samples: Exclusive Agency Agreement (Cancer Genetics, Inc), Exclusive Agency Agreement (DelMar Pharmaceuticals, Inc.), Exclusive Agency Agreement (Cancer Genetics, Inc)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxWxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 5 contracts

Samples: Exclusive Agency Agreement (CASI Pharmaceuticals, Inc.), Exclusive Agency Agreement (Can-Fite BioPharma Ltd.), Exclusive Agency Agreement (Cyclacel Pharmaceuticals, Inc.)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Exclusive Agency Agreement (Can-Fite BioPharma Ltd.), Exclusive Agency Agreement (Avalon Rare Metals Inc.), Exclusive Agency Agreement (Can-Fite BioPharma Ltd.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxx. Prior to the signing of any Purchase Agreement, officers an officer of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.), Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.), Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxx. Xxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Exclusive Agency Agreement (Medigus Ltd.), Exclusive Agency Agreement (Kitov Pharmaceuticals Holdings Ltd.), Exclusive Agency Agreement (Mateon Therapeutics Inc)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Placement Agent Agreement (Arcturus Therapeutics Holdings Inc.), Placement Agent Agreement (Arcturus Therapeutics Holdings Inc.), Exclusive Agency Agreement (Opgen Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxRxxxxx. Rxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Exclusive Agency Agreement (Eyegate Pharmaceuticals Inc), Securities Offering Agreement (Medical Transcription Billing, Corp), Securities Offering Agreement (Medical Transcription Billing, Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Exclusive Agency Agreement (Aethlon Medical Inc), Exclusive Agency Agreement (Oxis International Inc), Exclusive Agency Agreement (Cel Sci Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase or subscription agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Exclusive Agency Agreement (Diffusion Pharmaceuticals Inc.), Exclusive Agency Agreement (Diffusion Pharmaceuticals Inc.), Exclusive Agency Agreement (Diffusion Pharmaceuticals Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers an officer of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 2 contracts

Samples: Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.), Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the The sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 2 contracts

Samples: Exclusive Agency Agreement (Uranium Energy Corp), Exclusive Agency Agreement (Uranium Energy Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 2 contracts

Samples: Exclusive Agency Agreement (Cytrx Corp), Exclusive Agency Agreement (Orient Paper Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties and covenants included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 2 contracts

Samples: Exclusive Agency Agreement (Caladrius Biosciences, Inc.), Exclusive Agency Agreement (Caladrius Biosciences, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be reasonably available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Trovagene, Inc.)

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Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxRxxxxx. Rxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Rosetta Genomics Ltd.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxWaxxxxxxxx. Waxxxxxxxx xhall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Intellipharmaceutics International Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxRxxxxx. Prior to the signing of any Purchase Agreement, officers an officer of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Genvec Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably mutually satisfactory to the Company and XxxxxxXxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (RXi Pharmaceuticals Corp)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Opgen Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement or subscription agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors, subject to entering into reasonable non-disclosure agreements satisfactory to the Company.

Appears in 1 contract

Samples: Exclusive Agency Agreement (RXi Pharmaceuticals Corp)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxHCW. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Bio-Path Holdings Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxWaxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Cytrx Corp)

Best Efforts Offering. If an The Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxWxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Placement Agent Agreement (Skystar Bio-Pharmaceutical Co)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxXxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Citius Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxWxxxxxxxxx. Wxxxxxxxxx shall be a third-party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Stellar Biotechnologies, Inc.)

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