Common use of Change of Circumstances Clause in Contracts

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice 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 9 contracts

Samples: At Market Issuance Sales Agreement (Magnum Hunter Resources Corp), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (Novavax Inc)

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Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Xxxxx-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 required to be provided to Xx Xxxxx Xxxxx-Xxxxxx pursuant to this Agreement.

Appears in 8 contracts

Samples: At the Market Issuance Sales Agreement (Airgain Inc), At the Market Issuance Sales Agreement (Microvision, Inc.), At the Market Issuance Sales Agreement (Icad Inc)

Change of Circumstances. The Company will, at any time prior to the delivery of a Placement Notice (or during the pendency of a Placement Notice if not known prior thereto), 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 5 contracts

Samples: Sales Agreement (Adamas Pharmaceuticals Inc), Sales Agreement (Adamas Pharmaceuticals Inc), Sales Agreement (Calithera Biosciences, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Rxxxxxx Jxxxx 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 required to be provided to Xx Xxxxx Rxxxxxx Jxxxx pursuant to this Agreement.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxxxx 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 required to be provided to Xx Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Empire Petroleum Corp), Equity Distribution Agreement (AMERICAN COASTAL INSURANCE Corp), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx 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 XX Xxxxx pursuant to this Agreement.

Appears in 4 contracts

Samples: Sales Agreement (Exscientia PLC), Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Repare Therapeutics Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice or upon delivery of a Placement Notice through the termination of a Placement Notice, 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 3 contracts

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

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx 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 required to be provided to Xx Xxxxx Cxxxx pursuant to this Agreement.

Appears in 3 contracts

Samples: Sales Agreement (Affimed N.V.), Sales Agreement (Affimed N.V.), Sales Agreement (Endocyte Inc)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice given hereunder, advise Xx 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 required to be provided to Xx Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Aeterna Zentaris Inc.), At Market Issuance Sales Agreement (Aeterna Zentaris Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx 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 required to be provided to Xx Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 2 contracts

Samples: Atm Sales Agreement (Magnum Hunter Resources Corp), Atm Sales Agreement (Magnum Hunter Resources Corp)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, 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 (Intra-Cellular Therapies, Inc.), Sales Agreement (Pieris Pharmaceuticals, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx B. Xxxxx 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 representation or covenant or opinion, certificate, letter or other document required to be provided to Xx B. Xxxxx Securities pursuant to this Agreement.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Umh Properties, Inc.), At Market Issuance Sales Agreement (Monmouth Real Estate Investment Corp)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. Xxxxx FBR 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 X. Xxxxx FBR pursuant to this Agreement.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Geron Corp)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. Xxxxx 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 representation or covenant or opinion, certificate, letter or other document required to be provided to Xx X. Xxxxx Securities pursuant to this Agreement.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Umh Properties, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. Xxxxx FBR 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 representation or covenant or opinion, certificate, letter or other document required to be provided to Xx X. Xxxxx FBR pursuant to this Agreement.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Umh Properties, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx 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 required to be provided to Xx Xxxxx Xxxxxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: At the Market Issuance Sales Agreement (Galectin Therapeutics Inc)

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Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Cxxxx-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 required to be provided to Xx Xxxxx Cxxxx-Xxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: At the Market Issuance Sales Agreement (CPS Technologies Corp/De/)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice advise Xx X. 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 X. Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Geron Corp)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxx Xxxxxxx 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 required to be provided to Xx Xxxxx Xxxxxxx Xxxxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: At the Market Issuance Sales Agreement (Microvision, Inc.)

Change of Circumstances. The Company will, will promptly advise Xxxxx (1) at any time during the pendency of a Placement Notice advise Xx Xxxxx promptly given hereunder after it shall have received notice or obtained knowledge thereof, or (2) if no Placement Notice is then pending, prior to the issuance of a Placement Notice, 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 1 contract

Samples: Sales Agreement (Synta Pharmaceuticals Corp)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, 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 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 (Annexon, Inc.)

Change of Circumstances. The Company will, at any time during prior to the pendency delivery of a Placement Notice (or during the pendency thereof if not known prior to delivery thereof), 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 1 contract

Samples: Sales Agreement (Immunogen Inc)

Change of Circumstances. The Company will, at any time during During the pendency of a any Placement Notice given hereunder, or any period in which the Prospectus relating to the Placement Shares is required to be delivered by Xx Xxxxx, the Company will 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 Sections 7(l) and 7(n) of this Agreement.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (Antigenics Inc /De/)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice or prior to the tender of a new Placement Notice, advise Xx 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 required to be provided to Xx Xxxxx Cxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Sales Agreement (Corindus Vascular Robotics, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxxx X. Xxxxx reasonably 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 Xxxxxx X. Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (American Realty Capital Properties, Inc.)

Change of Circumstances. The Company will, at any time during the pendency of a Placement Notice Notice, advise Xx Xxxxxxx Xxxxx reasonably 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 Xxxxxxx Xxxxx pursuant to this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (American Realty Capital Properties, Inc.)

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