Common use of Change of Circumstances Clause in Contracts

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 144 contracts

Samples: Sales Agreement (AVITA Medical, Inc.), Sales Agreement (Singular Genomics Systems, Inc.), Sales Agreement (Bolt Biotherapeutics, Inc.)

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Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided or required to Xxxxx be provided to the Agent pursuant to this Agreement.

Appears in 84 contracts

Samples: Sales Agreement (Cartesian Therapeutics, Inc.), Sales Agreement (Context Therapeutics Inc.), Sales Agreement (Tourmaline Bio, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Sales Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent pursuant to this Agreement.

Appears in 83 contracts

Samples: Atm Sales Agreement (Glucotrack, Inc.), Equity Distribution Agreement (Annovis Bio, Inc.), Sales Agreement (Conduit Pharmaceuticals Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Sales Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent pursuant to this Agreement.

Appears in 62 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Placement Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agent pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 52 contracts

Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Ready Capital Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement SharesNotice, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 31 contracts

Samples: Sales Agreement (Allogene Therapeutics, Inc.), Sales Agreement (Tricida, Inc.), Sales Agreement (Revance Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Sales Agent or the Forward Seller and the Forward Purchaser, as applicable, promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Sales Agent or the Forward Seller and the Forward Purchaser, as applicable, pursuant to this Agreement.

Appears in 26 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 23 contracts

Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 18 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Hudson Pacific Properties, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Placement Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Placement Agent pursuant to this Agreement.

Appears in 16 contracts

Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (American Assets Trust, L.P.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement.

Appears in 14 contracts

Samples: Sales Agreement (scPharmaceuticals Inc.), Sales Agreement (Nautilus Biotechnology, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to this Agreement.

Appears in 12 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder or pursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 12 contracts

Samples: Sales Agreement (Atreca, Inc.), Sales Agreement (Cabaletta Bio, Inc.), Common Stock Sales Agreement (Dicerna Pharmaceuticals Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to this Agreement.

Appears in 12 contracts

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 9 contracts

Samples: Sales Agreement (Rhythm Pharmaceuticals, Inc.), Sales Agreement (Greenlane Holdings, Inc.), Sales Agreement (Aptinyx Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Placement Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agents pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Ares Commercial Real Estate Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell the pendency of any sale of Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 7 contracts

Samples: Sales Agreement (Unity Biotechnology, Inc.), Sales Agreement (Gritstone Oncology, Inc.), Sales Agreement (Unity Biotechnology, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement, provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 7 contracts

Samples: Sales Agreement (NanoString Technologies Inc), Sales Agreement (Global Blood Therapeutics, Inc.), Sales Agreement (Raptor Pharmaceutical Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to this Agreement.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Placement Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agent pursuant to this Agreement.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Velocity Financial, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares or other Shares pursuant to a Terms Agreement or Alternate Terms Agreement, advise Xxxxx [Agent] promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter, comfort letter or other document the like provided to Xxxxx [Agent] pursuant to Section 8 of this Agreement.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agents promptly after it shall have received notice notice, or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agents pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Manager pursuant to Section 7 of this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to Section 7 of this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Mast Therapeutics, Inc.), Sales Agreement (Cytori Therapeutics, Inc.), Sales Agreement (Idera Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends prior to tender tendering a Placement Notice or sell selling Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx pursuant to this Agreement; provided, that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 4 contracts

Samples: Sales Agreement (Theravance Biopharma, Inc.), Sales Agreement (Audentes Therapeutics, Inc.), Sales Agreement (Sutro Biopharma, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell sale of Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Sage Therapeutics, Inc.), Common Stock Sales Agreement (Editas Medicine, Inc.), Common Stock Sales Agreement (Editas Medicine, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Manager promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Manager pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Managers promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Managers pursuant to this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Wolfspeed, Inc.), Equity Distribution Agreement (Cree, Inc.), Equity Distribution Agreement (Archrock, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder or pursuant to a Terms Agreement, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Allakos Inc.), Sales Agreement (Molecular Templates, Inc.), Sales Agreement (Alphatec Holdings, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Rxxxxxx Jxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Rxxxxxx Jxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Change of Circumstances. The During the term of this Agreement, the Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Epizyme, Inc.), Common Stock Sales Agreement (Chimerix Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxxxxxx Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxxxxx Securities pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender submit a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Agent pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to XX Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (MDxHealth SA), Sales Agreement (Morphic Holding, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to Section 7 of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Jxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Jxxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to Xxxxx pursuant to this Agreement; provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 2 contracts

Samples: Sales Agreement (Dermira, Inc.), Sales Agreement (Dermira, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Albireo Pharma, Inc.), Sales Agreement (Albireo Pharma, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Revance Therapeutics, Inc.), Sales Agreement (Revance Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice Notice, or sell sells Placement Shares, advise Xxxxx [—] as promptly after it shall have received notice or obtained knowledge thereofas reasonably practicable prior to the delivery of such Placement Notice, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx [—] pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Sabra Health Care REIT, Inc.), Sales Agreement (Sabra Health Care REIT, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Kezar Life Sciences, Inc.), Sales Agreement (Kezar Life Sciences, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise B. Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to B. Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell sale of Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Dianthus Therapeutics, Inc. /DE/), Sales Agreement (Sage Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxx pursuant to Section 7 of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Vir Biotechnology, Inc.), Sales Agreement (Pixelworks, Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Sharessale of Shares pursuant to a Terms Agreement, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Revolution Medicines, Inc.), Sales Agreement (Revolution Medicines, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Bxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Bxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise BofA Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to BofA Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Equity Lifestyle Properties Inc), Equity Distribution Agreement (Equity Lifestyle Properties Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement SharesUnits, advise Xxxxx Mxxxxx Txxxx as promptly after it shall have received notice or obtained knowledge thereofas reasonably possible prior to the delivery of such Placement Notice, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Mxxxxx Txxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Cheniere Energy Partners, L.P.)

Change of Circumstances. The Company will, at any time prior to tendering or during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Sharesfor a sale of Shares hereunder, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Madrigal Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx by the Company pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Investors Real Estate Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell sale of Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Akouos, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement Shares, advise Xxxxxx Xxxxx as promptly after it shall have received notice or obtained knowledge thereofas reasonably possible prior to the delivery of such Placement Notice, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Cheniere Energy Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesShares hereunder or pursuant to a Terms Agreement, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Adaptimmune Therapeutics PLC)

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Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell for the sale of Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Orphazyme a/S)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement; provided, however, that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (NewAmsterdam Pharma Co N.V.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement; provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (aTYR PHARMA INC)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx the Placement Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agents pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

Change of Circumstances. The Company will, at any time prior to tendering or during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell for the sale of Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Nkarta, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement; provided, that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Sera Prognostics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a pendency of any Placement Notice or sell pendency of any sale of Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (DarioHealth Corp.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Mxxxxxx Lxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Mxxxxxx Lxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Glimcher Realty Trust)

Change of Circumstances. The Company will, at any time during the pendency of a fiscal quarter in which Placement Notice or if the Company intends to tender sell Shares pursuant to a Placement Notice or sell Placement SharesTerms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Conformis Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends prior to tender tendering a Placement Notice for a sale of Shares hereunder or sell Placement Sharespursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Generation Bio Co.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement Shares, advise Xxxxx promptly X.X. Xxxxxx within a reasonable time after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx X.X. Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (CBL & Associates Properties Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Sharessale of Shares hereunder or pursuant to a Terms Agreement, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Editas Medicine, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Sharessale of Shares pursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Revolution Medicines, Inc.)

Change of Circumstances. The Company willshall, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends prior to tender tendering a Placement Notice for a sale of Shares hereunder or sell Placement Sharespursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Agios Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement; provided, however, that the Company may satisfy its obligations under this paragraph by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Alpine Immune Sciences, Inc.)

Change of Circumstances. The Company will, at any time will during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Terns Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx X.X. Xxxxxx Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx X.X. Xxxxxx Securities pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Sharessale of Shares hereunder or pursuant to a Terms Agreement, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Common Stock Sales Agreement (Editas Medicine, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx X.X. Xxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx X.X. Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Parkway Properties Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Capital One Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Capital One Securities pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Xxxxxx Xxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxx Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Parkway Properties Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx [ ] promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx [ ] pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Geo Group Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Mersana Therapeutics, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this AgreementAgreement during such fiscal quarter.

Appears in 1 contract

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

Change of Circumstances. The Company willshall, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx X.X. Xxxxxx Securities promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx X.X. Xxxxxx Securities pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends prior to tender tendering a Placement Notice for a sale of Shares hereunder or sell Placement Sharespursuant to a Terms Agreement, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Sales Agreement (Generation Bio Co.)

Change of Circumstances. The Company will, at any time prior to tendering or during a fiscal quarter in which the Company intends to tender pendency of a Placement Notice or sell Placement Sharesfor a sale of Shares hereunder, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Madrigal Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxxxx Xxxxx promptly after it shall have received notice notice, or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Aimco Properties Lp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise Xxxxx Placement Agents promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx the Placement Agents pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Oaktree Specialty Lending Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Cxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Cxxxx pursuant to this Agreement, provided that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Raptor Pharmaceutical Corp)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx as promptly as reasonably practicable after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx by the Company pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Investors Real Estate Trust)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to XX Xxxxx pursuant to this Agreement., provided, that the Company may satisfy its obligations under this Section 7(j) by effecting a filing in accordance with the Exchange Act with respect to such information or fact

Appears in 1 contract

Samples: Sales Agreement (Anaptysbio, Inc)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise XX Xxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to XX Xxxxx pursuant to this Agreement; provided, that the Company may satisfy its obligation under this Section 7(j) be effecting a filing in accordance with the Exchange Act with respect to such information or fact.

Appears in 1 contract

Samples: Sales Agreement (Lyell Immunopharma, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx promptly after it shall have received notice or obtained knowledge thereof, thereof of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Adverum Biotechnologies, Inc.)

Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise Xxxxx Xxxxxxxxxx promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Anthera Pharmaceuticals Inc)

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