Common use of Capital Stock and Placement Shares in Proper Form Clause in Contracts

Capital Stock and Placement Shares in Proper Form. The capital stock of the Company, including the Placement Shares, conforms in all material respects to the description thereof contained in the Registration Statement and the Prospectus. The holders of the Placement Shares will not be subject to personal liability under the Delaware General Corporation Law by reason of being such holders.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Repros Therapeutics Inc.), Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Raser Technologies Inc)

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Capital Stock and Placement Shares in Proper Form. The capital stock of the Company, including the Placement Shares, conforms in all material respects to the description thereof contained in the Registration Statement and the Prospectus. The form of certificates for the Placement Shares are in due and proper form and the holders of the Placement Shares will not be subject to personal liability under the Delaware General Corporation Law by reason of being such holders.

Appears in 2 contracts

Samples: Sales Agreement (Sangamo Biosciences Inc), Sales Agreement (Stemcells Inc)

Capital Stock and Placement Shares in Proper Form. The capital stock of the Company, including the Placement Shares, conforms in all material respects to the description thereof contained in the Registration Statement and the ProspectusProspectus and such description conforms in all material respects to the rights set forth in the instruments defining the same. The certificates for the Placement Shares are in due and proper form and the holders of the Placement Shares will not be subject to personal liability under the Delaware General Corporation Law by reason of being such holders.

Appears in 1 contract

Samples: Sales Agreement (Thornburg Mortgage Inc)

Capital Stock and Placement Shares in Proper Form. The capital stock of the Company, including the Placement Shares, conforms in all material respects to the description thereof contained in the Registration Statement and the ProspectusProspectus and such description conforms to the rights set forth in the instruments defining the same. The certificates for the Placement Shares are in due and proper form and the holders of the Placement Shares will not be subject to personal liability under the Delaware General Corporation Law by reason of being such holders.

Appears in 1 contract

Samples: Sales Agreement (Capital Lease Funding Inc)

Capital Stock and Placement Shares in Proper Form. The capital stock form of the Company, including certificates for the Placement Shares, conforms Shares are in all material respects to the description thereof contained in the Registration Statement due and proper form and the Prospectus. The holders of the Placement Shares will not be subject to personal liability under the Delaware General Corporation Law by reason of being such holders.

Appears in 1 contract

Samples: Sales Agreement (Introgen Therapeutics Inc)

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Capital Stock and Placement Shares in Proper Form. The capital stock of the Company, including the Placement Shares, conforms in all material respects to the description thereof contained in the Registration Statement and the Prospectus. The form of certificates for the Placement Shares are in due and proper form and the holders of the Placement Shares will not be subject to personal liability under the Delaware General Corporation Law by reason of being such holders.

Appears in 1 contract

Samples: Sales Agreement (Stemcells Inc)

Capital Stock and Placement Shares in Proper Form. The capital stock of the Company, including the Placement Shares, conforms in all material respects to the description thereof contained in the Registration Statement Statements and the Prospectus. The holders of the Placement Shares will not be subject to personal liability under the Delaware General Corporation Law by reason of being such holders.

Appears in 1 contract

Samples: Sales Agreement (Sunesis Pharmaceuticals Inc)

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