Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 371 contracts
Samples: Sales Agreement (InflaRx N.V.), Sales Agreement (Keros Therapeutics, Inc.), Sales Agreement (Pharvaris N.V.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentAgents, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 54 contracts
Samples: Sales Agreement (Crinetics Pharmaceuticals, Inc.), Sales Agreement (Nano-X Imaging Ltd.), Sales Agreement (Bridger Aerospace Group Holdings, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Sales Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Sales Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 52 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Placement Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 25 contracts
Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Arbor Realty Trust Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 23 contracts
Samples: Spire (Spire Inc), Underwriting Agreement (Spire Inc), Underwriting Agreement (Spire Missouri Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Placement Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 22 contracts
Samples: Equity Distribution Agreement (Genprex, Inc.), Equity Distribution Agreement (New York Mortgage Trust Inc), Equity Distribution Agreement (PLx Pharma Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Placement Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 15 contracts
Samples: Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentSales Agent and the Forward Seller, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Sales Agent and the Forward Seller may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Shares.
Appears in 15 contracts
Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentManager, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Manager may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 11 contracts
Samples: Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (Agree Realty Corp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 11 contracts
Samples: Underwriting Agreement (Palmer Square Capital BDC Inc.), Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Applied Genetic Technologies Corp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may reasonably designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 10 contracts
Samples: Sales Agreement (Schrodinger, Inc.), Sales Agreement (Schrodinger, Inc.), Sales Agreement (Schrodinger, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Sales Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Sales Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representative may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 10 contracts
Samples: Underwriting Agreement (Avid Bioservices, Inc.), Underwriting Agreement (DENNY'S Corp), Underwriting Agreement (Avid Bioservices, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 8 contracts
Samples: Lumos Pharma, Inc., Sales Agreement (Cancer Genetics, Inc), Newlink Genetics Corp
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentManager, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Manager may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 8 contracts
Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentBTIG, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent BTIG may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 8 contracts
Samples: Market Sales Agreement (Atlanticus Holdings Corp), Sales Agreement (Inmune Bio, Inc.), Sales Agreement (Inmune Bio, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 7 contracts
Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)
Blue Sky and Other Qualifications. The Company will To use its commercially reasonable efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a less than one year from the date of this Agreement).
Appears in 7 contracts
Samples: Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Placement Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 6 contracts
Samples: Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Velocity Financial, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentXxxxx Fargo, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Xxxxx Fargo may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exemptexempted, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 6 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentBTIG, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent BTIG may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 6 contracts
Samples: Market Sales Agreement (Outlook Therapeutics, Inc.), Sales Agreement (OncoCyte Corp), Market Sales Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Placement Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 6 contracts
Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentJefferies, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Jefferies may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 5 contracts
Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Sovran Self Storage Inc), Equity Distribution Agreement (Regency Centers Lp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentXxxxx Fargo, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Xxxxx Fargo may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with Agent and the AgentForward Seller, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as Agent and the Agent Forward Seller may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentCanaccord, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Canaccord may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Equity Distribution Agreement (Oramed Pharmaceuticals Inc.), Equity Distribution Agreement (Oramed Pharmaceuticals Inc.), Equity Distribution Agreement (Oramed Pharmaceuticals Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentXxxxx Fargo, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Xxxxx Fargo may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriter, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Underwriter may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (StealthGas Inc.), Underwriting Agreement (StealthGas Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Sales Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Sales Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect effect, for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Equity Distribution Agreement (Cocrystal Pharma, Inc.), Equity Distribution Agreement (ONCOSEC MEDICAL Inc), Equity Distribution Agreement (Castle Brands Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentCF&Co, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent CF&Co may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Equity Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares ADSs for offering and sale, or to obtain an exemption for the Placement Shares ADSs to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares ADSs (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares ADSs have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares ADSs (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Sales Agreement (Adagene Inc.), Deposit Agreement (Safe-T Group Ltd.), Genenta Science S.p.A.
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Placement Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exemptexempted, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 4 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentAgents, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) of the United States as the Agent Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (WGL Holdings Inc)
Blue Sky and Other Qualifications. The Company Partnership will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Units for offering and sale, or to obtain an exemption for the Placement Shares Units to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Units (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company Partnership shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Units have been so qualified or exempt, the Company Partnership will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Units (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Underwriting Agreement (Atlas Pipeline Partners Lp), Underwriting Agreement (Atlas Pipeline Partners Lp), Underwriting Agreement (Atlas Pipeline Partners Lp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representative may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Underwriting Agreement (Spire Inc), Underwriting Agreement (Laclede Group Inc), Underwriting Agreement (Laclede Group Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Sales Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Sales Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify qualify, as necessary, the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Sales Agreement (Fibrocell Science, Inc.), Sales Agreement (Unilife Corp), Unilife Corp
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Underwriting Agreement (Ugi Corp /Pa/), Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Us Ecology, Inc.)
Blue Sky and Other Qualifications. The Company Partnership will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company Partnership shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company Partnership will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Underwriting Agreement (QEP Midstream Partners, LP), Underwriting Agreement (QEP Midstream Partners, LP), Underwriting Agreement (Atlas Resource Partners, L.P.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other domestic jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Sales Agreement (Pliant Therapeutics, Inc.), TherapeuticsMD, Inc., TherapeuticsMD, Inc.
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentJefferies, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Jefferies may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect effect, for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentSales Agents, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Sales Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Equity Distribution Agreement (5E Advanced Materials, Inc.), Equity Distribution Agreement (Wallbox N.V.), Equity Distribution Agreement (Clene Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentPlacement Agents, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Placement Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Equity Distribution Agreement (Granite Point Mortgage Trust Inc.), Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (JMP Group Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentXxxxxxx Xxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Xxxxxxx Xxxxx may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 3 contracts
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Hudson Pacific Properties, Inc.), Equity Distribution Agreement (Parkway Properties Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentSunTrust, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent SunTrust may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Sovran Self Storage Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentAgents, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Agents may reasonably designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one (1) year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one (1) year from the date of this Agreement).
Appears in 2 contracts
Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation cooperate with the Agent, Underwriters to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Underwriting Agreement (Sinclair Broadcast Group Inc), Underwriting Agreement (Sinclair Broadcast Group Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentB. Xxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent B. Xxxxx may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentManager, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Manager may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentJonesTrading, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent JonesTrading may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Wheeler Real Estate Investment Trust, Inc.), Equity Distribution Agreement (Wheeler Real Estate Investment Trust, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may reasonably designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one (1) year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one (1) year from the date of this Agreement).
Appears in 2 contracts
Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Galmed Pharmaceuticals Ltd.
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Underwriting Agreement (Horizon Global Corp), Horizon Global Corp
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentAgent (to the extent required), to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Sales Agreement (Cullinan Oncology, Inc.), Sales Agreement (Cullinan Oncology, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Sales Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Sales Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Gramercy Property Trust), Equity Distribution Agreement (Gramercy Property Trust Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentDistribution Agents, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Distribution Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentCitigroup, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Citigroup may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentXxxxxxx Xxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may Xxxxxxx Xxxxx xxx designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (BioMed Realty Trust Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentBxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Bxxxx may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may reasonably designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)) so long as the Company has approved in advance the sale of Placement Shares in such jurisdiction.
Appears in 2 contracts
Samples: Onconova Therapeutics, Inc., Cyclacel Pharmaceuticals, Inc.
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentSales Agents, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Sales Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify or register the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: National Oilwell (National Oilwell Varco Inc), Underwriting Agreement (National Oilwell Varco Inc)
Blue Sky and Other Qualifications. The Company Fund will use its commercially reasonable best efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company Fund shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company Fund will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: AllianzGI Convertible & Income Fund, AllianzGI Convertible & Income Fund II
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentCitigroup, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Citigroup may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentBTIG, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent BTIG may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Sales Agreement (Compugen LTD), Celsion Corporation (Celsion CORP)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Shares.
Appears in 2 contracts
Samples: Sales Agreement (Bancorp, Inc.), Sales Agreement (Bancorp, Inc.)
Blue Sky and Other Qualifications. The If applicable, the Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Aspen Group, Inc., Addvantage Technologies Group Inc
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentRBC, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent RBC may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (American Assets Trust, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentJxxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Jxxxxx may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Farmland Partners Inc.
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentCitigroup, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Citigroup may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exemptexempted, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentJefferies, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Jefferies may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentPlacement Agents, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the any Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Management Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentBofA Xxxxxxx Xxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent BofA Xxxxxxx Xxxxx may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities; provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement)Securities.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Equity Lifestyle Properties Inc), Equity Distribution Agreement (Equity Lifestyle Properties Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentKBCM, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent KBCM may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentBNYMCM, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent BNYMCM may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentLeerink, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Leerink may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Sales Agreement (uniQure N.V.), Sales Agreement (uniQure N.V.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representatives may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no any event for a period of not less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Underwriting Agreement (IMV Inc.), Underwriting Agreement (IMV Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Deposit Agreement (Bionomics Limited/Fi), Deposit Agreement (Bionomics Limited/Fi)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentUBS Securities, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent UBS Securities may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Agent[ ], to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent [ ] may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 2 contracts
Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Placement Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Placement Agent may designate and to maintain such qualifications and exemptions in effect for so long as reasonably required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as reasonably required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Equity Distribution Agreement (Western Asset Mortgage Capital Corp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentPlacement Agents, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Placement Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Equity Distribution Agreement (Oaktree Specialty Lending Corp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentMLV, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent MLV may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Oxigene Inc
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentBMO, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent BMO may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Equity Distribution Agreement (Essex Property Trust Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentSVB Leerink, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent SVB Leerink may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Sales Agreement (uniQure N.V.)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentJMP Securities, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent JMP Securities may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentUnderwriters, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Representative may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for a period of not less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentXxxxx Xxxxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Xxxxx Xxxxxxx may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Equity Distribution Agreement (Sovran Self Storage Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentKBCM, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent KBCM may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Distribution Agreement (Medical Properties Trust Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentAgents, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Xoma LTD /De/
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will use its commercially reasonable efforts to file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Sales Agreement (Savara Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentAgents, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Agents may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one (1) year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one (1) year from the date of this Agreement).
Appears in 1 contract
Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the AgentBarclays, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Barclays may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Samples: Equity Distribution Agreement (Essex Property Trust Inc)
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Agent, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentXxxxx, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent Xxxxx may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the Agent[ ], to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent [ ] may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentManagers, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent any Manager may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable best efforts, in cooperation with the AgentBMO Capital Markets, to qualify the Placement Shares Securities for offering and sale, or to obtain an exemption for the Placement Shares Securities to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent BMO Capital Markets may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares Securities have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares Securities (but in no event for less than one year from the date of this Agreement).
Appears in 1 contract
Blue Sky and Other Qualifications. The Company will use its commercially reasonable efforts, in cooperation with the Agent, to qualify the Placement Shares for offering and sale, or to obtain an exemption for the Placement Shares to be offered and sold, under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Agent may designate and to maintain such qualifications and exemptions in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement); provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject. In each jurisdiction in which the Placement Shares have been so qualified or exempt, the Company will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification or exemption, as the case may be, in effect for so long as required for the distribution of the Placement Shares (but in no event for less than one year from the date of this Agreement).;
Appears in 1 contract
Samples: Perpetua Resources Corp.
